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http://www.archive.org/details/revisedstatutesoOOilli

EVISED STATUTES

OF THE

STATE OF ILLINOIS.

EEVISED STATUTES

STATE OF ILLINOIS,

ADOPTED BY

GENERAL ASSEMBLY OF SAID STATE, AT ITS REGULAR
SESSION- HELD IN THE YEARS, A. D., 1844-'5.

TOGETHER WITH

AN APPENDIX,

CONTAINING

ACTS PASSED AT THE SAME AND PREVIOUS SESSIONS, NOT INCORPORATE!/

IN THE REVISED STATUTES, BUT WHICH

REMAIN IN FORCE.

REVISED AND PREPARED FOR PUBLICATION, WITH NOTES,
INDEX, &c. BY M. BRAYMAN.

PUBLISHED BY AUTHORITY OF THK GEISERAL ASSEMBLY.

SPRINGFIELD:
William Walters, printer, for Walters & Weber, public printers

1845.

PREFACE.

While all that relates to the general history of a State — its early settlement — its
struggles for existence — its wars — its spreading population — its rising institutions
— its advances in political power and social improvement, readily find a place in
the chronicles of the times, the history of its Jurisprudence is seldom written.

To trace that history through even the limited period of time which marks the
distinct political existence of what is now the State of Illinois, would present
an ample field, as well as a gratifying reward, to the philosophic legal inquirer.

It were to be expected, that the early enactments which proceeded, first from
the Territorial, then from the State Government, would be crude, imperfect and
inharmonious. They were not adopted together, as a distinct body of statute law,
nor with any view to their connexion or consistency with each other ; but hastily
produced, at different times and places, in obedience to the ever-varying wants and
circumstances of an unsettled, scattered and heterogeneous population. And if
we recur to the days during which those hardy pioneers of civilization were con-
tending with the difficulties of an untried soil and climate — when, to acquire the
means of subsistence and defence, were objects of daily toil and nightly solicitude —
when the rifle, and the plough, and the woodman's axe, proved better friends than
the pen and the musty volume, — and the strong arm afforded more efficient protec-
tion than any law, we may readily conclude, that they found little leisure for the
business of legislation, and that they made their laws, as they made their log cabins,
their roads and bridges — as they needed them, for their shelter and convenience,
from time to time.

Many of those laws, enacted under circumstances so disadvantageous, during the
early history of our legislation, particularly those concerning rights to real estate?
and the administration of the penal code, stand almost untouched by the hand of
innovation, as monuments of the sagacity, legal ability, and just views of those
who framed them. Amidst the vicious superabundance of legislation in more re-
cent times, some respect has been paid to the stern wisdom of the past; and it may
be said, without offence, that greater progress has been made in manufacturing than
in perfecting, laws for the government of the State.

It evidently does not appear that the improvements which so strongly mark
every other feature in the history of our State, have extended, with the same ben-
eficial effects, to our legislation. The same habit of passing laws to meet special
cases, and to obviate present inconveniences, which obtained at first, through neces-
sity, has never been wholly shaken off ; and one cannot but feel surprise at the
great number of acts which are forced through at every session, at the suggestion

x PREFACE.

of individual interest, or to subserve purposes of temporary expediency, without
reference to, and often to the sacrifice of, the public good.

Laws which, when adopted, were complete, and covered the entire subject mat-
ter to which they related, have become buried beneath an accumulated mass of
distinct amendatory acts, by which they have been partially repealed, some of their
provisions superceded, changed and subjected to new constructions. The same
identical matters have been passed upon in laws enacted at different times, until,
comparing one with another, sections have become interwoven, involved and contra-
dictory, rendering it impossible to ascertain, without judicial construction, the real
intention of the legislature. Scarcely a single act, as originally passed, remained
untouched; and to ascertain what was really the law upon any particular point, it
became indispensable for the legal inquirer to travel through the whole labyrinth
of past legislation, without even the aid, in most cases, of intelligible indexes to
the volumes in which the laws were to be found.

Such a state of things could not but be productive of serious confusion and em-
barrassment. Magistrates and others, charged with the administration of justice,
found it difficult to extract the existing lav) from the mass of rubbish with which it
was incumbered, and were often led into erroneous judgments, requiring vexatious
delays, and a round of expensive litigation for their correction. Each succeeding
Legislature seems to have proceeded to the enactment of its assigned number and
quantity of acts, upon the topics usually presented for its action, without refer-
ence to what its predecessors had done upon the same subjects; until, at the pres-
ent time, the laws by which we are governed, lie in broken and unseemly fragments
along the course of our legislative history, no more resembling that uniform, har-
monious and energetic system of statute law, which should stand prominent among
the institutions of a civilized State, than do the collections of fugitive shells which
the successive waves of the ocean have cast upon its shore, the most perfect speci-
men of architectural symmetry and strength.

The necessity of a revision and re-publication of the laws, in a form more Consis-
tent with the public wants, and the advanced state of legal science, has long been
conceded. No authorized publication had been made since 1833. The population
of the State had vastly augmented in the intervening time. Whole counties had
been settled and organized, and the number of officers requiring copies of the
laws, greatly increased. They could not be supplied, and magistrates and others,
frequently found it almost impossible to procure copies even for occasional refer-
ence in cases of emergency. It is not surprising, under these circumstances, that
the demand for a publication and dissemination of the laws, in some form, was
urgent and continued. Even a re-publication, in their imperfect and almost unin-
telligible state, would have been preferred to the general destitution.

Efforts to remedy the evil, have been made at various sessions of the General
Assembly. At its session of 1840-1, the duty of revising the laws upon a plan
similar to the present, was imposed upon the Secretary of State and Attorney Gen-
eral, who were required to report the result of their labors at the succeeding ses-

PREFACE. xi

sion. Nothing, however, was done, and at the session of 1842-3, an act passed
both Houses, authorizing a re-publication of all the existing laws of a general na-
ture, without revision or amendment ; but that act, not being approved by the Coun-
cil of Revision, failed to become a law, and no farther action was had upon the sub-
ject.

So much time having been lost, and the necessity of a speedy accomplishment of
the work becoming every day more apparent, the undersigned, at the suggestion of
His Excellency, Governor Ford, commenced in April, 1844, the compilation of the
chapters comprised in this volume.

On the meeting of the Legislature, the subject was brought to its notice by the
Executive; and, in answer to a call of the House of Representatives, a communica-
tion explanatory of the nature, extent, and progress of the work, was submitted to
that body. After much delay, the following preamble and resolutions, having pas-
sed the House, were, on the 18th of January, 1845, concurred in by the Senate: —

"Whereas, a revision and re-publication of such laws of this State of a general
nature, as are now in force, together with such laws of a general nature as may be
passed at the present session of the General Assembly, are indispensably necessary,
both to supply the public wants and to render the law more plain and intelligible: —
And whereas, information has been received from the Executive, that such revision
or compilation has been commenced by M. Brayman, and is so near its completion
that the same can be presented to the Legislature, and acted upon at its present
session : Therefore,

"1 . Resolved, by the House of Representatives, the Senate concurring herein, That the
said M. Brayman be appointed and authorized to proceed and complete his said
revision and compilation of the laws of this State as speedily as possible, upon the
plan adopted, as specified in his communication to the Governor.

"2. Resolved, That said work shall be done under the joint direction and super-
vision of the judiciary committees of the Senate and House of Representatives, to
whom it shall be submitted as rapidly as the chapters thereof are in readiness.

"3. Resolved, That said joint committee, or a sub-committee which such joint
committee may appoint from their own number, shall diligently examine and com-
pare the same, and cause to be made such corrections and alterations as they shall
deem necessary to render such laws full, perfect and consistent; and so as to re-
duce the statute laws of this State of a general nature, to a compact code, conven-
iently divided into chapters and sections, and arranged in alphabetical order. And
it shall be the duty of the reviser, to insert appropriately in the work, such altera-
tions and amendments as such committee shall suggest, not inconsistent with the
spirit and meaning of the law.

"4. Resolved, That all acts of a general nature, passed or to be passed, at the pre-
sent session of the General Assembly, shall be incorporated in such revision, to be
inserted in the several parts and chapters thereof, to which such acts, or their sev-
eral parts, appropriately belong,

xii PREFACE.

"5. Resolved, That the said M. Brayman be required to submit to said commit-
tee, such portion of said work as is already completed ; and to prepare and submit
the remainder thereof, as speedily as the same shall be needed by said joint commit-
tee for examination ; and that the whole shall be completed, and the last chapter
thereof ready for the action of said committee, by the tenth day of February next.
And the said committee shall report said work in chapters, as soon as the same are
examined and approved, and in sufficient time to be acted upon by the General As-
sembly at its present session — the manner of reporting said work to the two Houses
to be as follows : The first chapter to the Senate, the second to the House, and
and so on alternately, that loss of time may be avoided."

In accordance with the foregoing resolutions, the work was submitted to the joint
committee designated, consisting of the following gentlemen: — Messrs. Cavarly,
Dougherty, Davis, Foeman, Webb, Allen, and Constable, of the Senate, and
Messrs. Manning, Benedict, Logan, Janney, Strong, Yates, Botakin, Lott,
and Denning, cf the House of Representatives. When it is considered, that the
joint committee was not charged with this weighty addition to its duties, until a
late period of an exciting session — that it was composed of leading and active
members of the two Houses, who had their full share of the burden of ordinary
legislation to sustain, and scarcely any leisure to devote to the subject, it cannot but
be highly creditable to their energy and zeal for the attainment of a public good,
that they made an examination of the entire work, and submitted it to the General
Assembly, in time for its adoption, in the form in which it is now presented to the
public.

The chapters were presented to the Houses, and by them passed, separately, at
different times ; but received the approval of the Council of Revision, at one
time, as one entire act ; and were intended to be contemporaneous in their opera-
tion. The only exception, is in the case of chapter 54, title "Interest," which
took effect on the first of May, and such sections of chapter 90 as related to the
publication of the work. In connexion with these, it may be well to mention, that
chapters 89 and 98, entitled "Revenue" and "Schools," were passed as acts of
the session, and are, by a special provision, incorporated as chapters in their proper
order, (see pages 473-4.) Section 80, in chapter 98, was repealed after the
passage of the act, and is omitted from the present compilation.

Owing to the fact, that most of the acts of a general nature were not finally acted
upon until near the close of the session, and after the chapters had mostly gone
beyond the reach of revision, but few of them are incorporated in those chapters,
according to the original design. Such as were so incorporated, are repealed in
chapter 90, and not published in the appendix, while such as were not incorpora-
ted, remain in force, and are published in the appendix. Such other laws of a
general nature, passed at previous sessions, as were not incorporated, and are
essential to a proper understanding of the matters comprised in the chapters and
acts, are also published in the appendix. Sundry laws of the United States, on
subjects of general interest and daily reference, and a tabular statement of the

PREFACE. xiii

times and places of holding courts in the several judicial circuits, are given. They
will be found convenient to all, especially to members of the bar, and others con-
cerned in the administration of justice. The analytical notes at the heads of the
chapters, have been prepared with some care, and will be found a useful aid in the
examination of their contents. The index involved a greater amount of labor and
research, than one (as in the present case) destitute of experience, could anticipate.
It will be found sufficiently voluminous, though less perfect than desired, owing to
want of time to correct its arrangement, and to classify its various references, in a
more natural order under their appropriate heads. It is believed that no errors
have occured in the execution of the work, which change or obscure the meaning of
the text. Those of a merely typographical" character, which, in the most carefully
corrected publications, escape detection, will, when discovered, suggest their own
correction to the mind of the observing reader.

That none may be disappointed, from having expected too much from this work,
it is proper to say here, that it is by no means, such a full and radical revision, or
even compilation, of our laws, as was desired, or at first intended. At its com-
mencement, a wider range was taken — alterations, additions, and innovations, when
deemed expedient, were freely made, having in view the construction of a full
code of statute law, corresponding with those adopted by neighboring States. But
when the subject was acted upon by the Legislature, and presented to the joint
committee, full two-thirds of the session had already passed away — the ordinary
business of legislation remained to be perfected, and it became impossible to compress
a work requiring months for its accomplishment, into the space of a few days. The
original design was therefore contracted, and the only object possible of attainment
was sought — 'that of collating and arranging the laws of the State, in accordance with
their true spirit and intention, making them plain and intelligible, and relieving them
from that smothering load of useless verbiage, contradictions and doubts, which had
been accumulating through so many years of changing legislation. The object be-
came, not so much to make new laws, or to depart materially from the spirit and
meaning of those already existing, as to prune away excrescences, reconcile contra-
dictions, and condense and arrange in convenient order, all that remained in force at
the time. Every thing that had been repealed or superseded, was omitted con-
flicting provisions were reconciled, and sections which were obscure, involved or
doubtful in their meaning, were re-written, so as to express the evident intention
of the Legislature, and conform to constructions fixed by the Supreme Court. These
desired ends, it is apprehended, have not been fully attained, more particularly in
some of the later chapters, which were thrown together with such haste as to pre-
clude elaborate examination, and to prevent that attention to grammatical accuracy
and correctness of style, wdfich are so necessary to the usefulness, to say nothing of
the literary merit, of a work of this character. As far as possible and consistent
with duty, errors thus occurring have been carefully corrected, durino- the progress
of the several chapters through the press.

XIV PREFACE.

It will be apparent that some of the chapters contain provisions of law enacted
in early times, but which have no application to our present circumstances, and
which, if presented as separate propositions, would not have been approved. With
regard to such, it is sufficient to say, that their incorporation was acquiesced in,
because they were a part of the existing law, and because time was not at the com-
mand of the Legislature, to discuss and settle every objection which might well
have been raised.

If, after much labor and research on the part of those engaged in bringing this
compilation to its present shape, performed in haste, and amidst circumstances so
unfavorable to calm and deliberate investigation, it shall be found to promote the
public good, satisfy the wants of the people for the time, and aid in establishing the
jurisprudence of the State upon a more firm and well-defined basis, surely none

will regret that the effort has been made.

M. BRAYMAN.
Springfield, September 25, 1845.

TABLE OF CONTENTS.

DECLARATION OF INDEPENDENCE,

ARTICLES OF CONFEDERATION,

ORDINANCE OF 1787,

CONSTITUTION OF THE UNITED STATES,

ORDINANCE OF THE ILLINOIS CONVENTION, 1818,

CONSTITUTION OF ILLINOIS,

RESOLUTION OF CONGRESS DECLARING THE ADMISSION

OF ILLINOIS INTO THE UNION, DECEMBER 3, 1818,
ACT FOR REVISING THE LAWS OF ILLINOIS,

Page 1

4

11

16

27
29

42
43

Chap. Titles of Chapters. Page. | Chap.

1. Abatement,

2. Account,

3. Advertisements,

4. Aliens,

5. Amendments and Jeofails,
6'. Apprentices,

7. Arbitrations and Awards,

8. Attachments before Justices,

9. Attachments in Circuit Court,

10. Attachments of Boats and

Vessels,

11. Attorneys and Counsellors

at law,

12. Attorney General and Circuit

Attorneys,

13. Auditor and Treasurer,

14. Bail,

15. Bank notes,

16. Bastardy,

17. Births and Deaths,

18. Castor Beans,

19. Census,

20. Chattel Mortgages,

21. Chancery,

22. Charitable Uses,

23. Congress,

Titles of Chapters.

43

24.

45

25.

47

26.

47

27.

48

51

28.

56

58

29.

62

30.

31.

71

32.

33.

72

34.

35.

75

36.

77

37.

80

38.

84

39.

85

40.

87

41.

88

42.

89

43.

91

44.

92

45.

99

46.

101

47.

Page.

102
111
125

Conveyances,
Corporations,
Costs,

Counties and County Com-
missioners' Courts, 129
County Treasuries and Coun-
ty Funds, 137
Courts, 141
Criminal Jurisprudence, 151
Cumberland Road, 194
Detinue, 195
Divorces, 196
Dower, 198
Drovers, 203
Ejectment, 204
Elections, 213
Escheats, 225
Estrays, 227
Evidence and Depositions, 232
Fees and Salaries, 237
Ferries and Toll Bridges, 251
Forcible Entry and Detainer, 256
Frauds and Perjuries, 258
Fugitives from Justice, 261
Gaming, 263
Guardian and Ward, 265

TABLE OF CONTENTS.

Chap.

Titles to Chapters.

Page.

Chap.

Titles to Chapters.

Page.

48.

Habeas Corpus,

269

79.

Partitions,

399

49.

Horses,

274

80.

Paupers,

402

50.

Idiots and Lunatics,

276

81.

Penitentiary,

405

51.

Inclosures and Fences,

277

82.

Petitions,

411

52.

Insolvent Debtors,

282

83.

Practice,

412

53.

Inspections,

286

84.

Printing and Binding,

422

54.

Interest,

294

85.

Probate Court,

426

55.

Jails and Jailers,

296

86.

Quo Warranto,

429

56.

Joint Rights and Obligations,

299

87.

Records and Recorders,

431

57.

Judgments and Executions,

300

88.

Replevin,

433

58.

Jurors,

308

89.

Revenue,

435

59.

Justices of the Peace and

90.

Revised Statutes,

454

Constables,

312

91.

Right of Property,

474

60.

Landlord and Tenant,

333

92.

Right of Way,

477

61.

Lands,

336

93.

Roads,

479

62.

Laws,

337

94.

Saltpetre Caves,

490

63.

Library, State,

339

95.

Seat of Government,

490

64.

Licenses,

341

96.

Secretary of State,

491

65.

Liens,

345

97.

Securities,

493

66.

Limitations,

348

98.

Schools,

495

67.

Mandamus,

351

99.

Sheriffs and Coroners,

514

68.

Marks and Brands,

352

100.

Shows and Jugglers,

520

69.

Marriages,

353

101.

Slander,

521

70.

Militia,

355

102.

Steamboats,

521

71.

Mills and Millers,

378

103.

Surveyors,

523

72.

Ne Exeat and Injunctions,

381

104.

Trespass,

525

73.

Negotiable Instruments,

384

105.

Venue,

527

74.

Negroes, Mulattoes, &c,

387

106.

Warehouses,

530

75.

Notaries Public,

391

107.

Warrants of cities and towns, 531

76.

Oaths and Affirmations,

393

108.

Weights and Measures,

532

77.

Officers,

394

109.

Wills,

534

78.

Official Bonds,

396

110.

Wolves,

566

APPENDIX.

ACTS of the General Assembly, 1844-5 ; not incorporated in the
body of the chapters, nor affected thereby, but which, in some
respects amend and modify the same, 569 to 608

ACTS passed at sessions of the General Assembly, previous to
that of 1844-'5, and which are not incorporated in the Re-
vised Statutes, nor repealed thereby, 608 to 617

Certificate of authentication,

ABSTRACT of the Naturalization Laws of the United States,

LAWS of the United States respecting Fugitives from Labor and
Justice,

LAWS of the United States respecting the Authentication of Stat-
utes, Records, &c,

TABULAR STATEMENT of the times and places of holding
Courts in the several judicial circuits, as now prescribed by
law,

GENERAL INDEX,

618
619

623

624

627
633

DECLARATION OF INDEPENDENCE.

IN CONGRESS, JULY 4, 1776.

The unanimous declaration of the thirteen United States of America.

When, in the course of human events, it becomes necessary for one people
to dissolve the political bands which have connected them with another, and to as-
sume among the powers of the earth the separate and equal station to which the
laws of nature and of nature's God entitle them, a decent respect to the opinions of
mankind requires, that they should declare the causes which impel them to the se-
paration.

We hold these truths to be self-evident : that all men are created equal : that
they are endowed by their Creator with certain inalienable rights; that among these
are life, liberty and the pursuit of happiness. That, to secure these lights, gov-
ernments are instituted among men, deriving their just powers from the consent of
the governed; that, whenever any form of government becomes destructive of these
ends, it is the right of the people to alter or to abolish it, and to institute a new gov-
ernment, laying its foundation on such principles, and organizing its powers in such
form, as to them shall seem most likely to effect their safety and happiness. Pru-
dence, indeed, will dictate, that governments long established should not be changed
for light and transient causes ; and accordingly all experience hath shown, that
mankind are more disposed to suffer, while evils are sufferable, than to right them-
selves by abolishing the forms to which they are accustomed. But when a long
train of abuses and usurpations pursuing invariably the same object, evinces a
design to reduce them under absolute despotism, it is their right, it is their duty to
throw off such government, and to provide new guards for their future secu-
rity. Such has been the patient sufferance of these colonies ; and such is now the
necessity which constrains them to alter their former systems of government. The
history of the present king of Great Britain is a history of repeated injuries and
usurpations, all having in direct object the establishment of an absolute tyranny over
these States. To prove this let facts be submitted to a candid world.

He has refused his assent to laws the most wholesome and necessary for the pub-
lic good.

He has forbidden his governors to pass laws of immediate and pressing impor-
tance, unless suspended in their operation till his assent should be obtained, and,
when so suspended, he has utterly neglected to attend to the:u.

He has refused to pass other laws for the accommodation of large districts of peo-
ple, unless those people would relinquish the right of representation in the legisla-
ture— a right inestimable to them, and formidable to tyrants only.

He has called together legislative bodies, at places unusual, uncomfortable, and
distant from the repository of their public records, for the sole purpose of fatiguing
them into compliance with his measures.

He has dissolved representative houses repeatedly, for opposing with manly firm-
ness his invasions on the rights of the people.

2 DECLARATION OF INDEPENDENCE.

He has refused for a long time after such dissolutions to cause others to be elec-
ted; whereby the legislative powers, incapable of annihilation, have returned to
the people at large for their exercise ; the state remaining, in the mean time, ex-
posed to all the dangers of invasion from without and convulsions within.

He has endeavored to prevent the population of these States ; for that purpose ob-
structing the laws for naturalization of foreigners; refusing to pass others to encour-
age their migration hither, and raising the conditions of new appropriations of lands.

He has obstructed the administration of justice, by refusing his assent to laws
for establishing judiciary powers.

He has made judges dependent on his will alone for the tenure of their offices,
and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to
harrass our people and eat out their substance.

He has kept among us, in times of peace, standing armies, without the consent
of our legislatures.

He has affected to render the military independent of, and superior to, the civil
power.

He has' combined with others to subject us to a jurisdiction foreign to our con-
stitutions, and unacknowledged by our laws ; giving his assent to their acts of pre-
tended legislation :

For quartering large bodies of armed troops among us :

For protecting them by a mock trial from punishment for any murders which
they should commit on the inhabitants of these States : *

For cutting off our trade with all parts of the world :

For imposing taxes on us, without our consent :

For depriving us, in many cases, of the benefits of trial by jury:

For transporting us beyond seas, to be tried for pretended offences :

For abolishing the free system of English laws in a neighboring province, estab-
lishing therein an arbitrary government, and enlarging its boundaries so as to render
it at once an example and fit instrument for introducing the same absolute rule into
these colonies :

For taking away our charters, abolishing our most valuable laws, and altering
fundamentally the forms of our governments :

For suspending our own legislatures, and declaring themselves invested with
power to legislate for us in all cases Avhatsoever.

He has abdicated government here, by declaring us out of his protection, and
waging; war against us.

He has plundered our seas, ravaged our coasts, burnt our towTns and destroyed
the lives of our people.

He is, at this time, transporting large armies of foreign mercenaries to complete
the works of death, desolation, and tyranny, already begun, with circumstances of
cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally un-
worthy the head of a civilized nation.

He has constrained our fellow-citizens, taken captive on the high seas, to bear
arms against their country, to become the executioners of their friends and brethren,
or to fall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavored to bring
on the inhabitants of our frontiers the merciless Indian savages, whose known rule
of warfare is an undistinguished destruction of all ages, sexes, and conditions.

In every stage of these oppressions we have petitioned for redress, in the most
humble terms ; our repeated petitions have been answered only by repeated injury.
A prince, whose character is thus marked by every act which may define a tyrant,
is unfit to be the ruler of a free people.

Nor have we been wanting in attention to our British brethren. We have
warned them, from time to time, of attempts, by their legislature, to extend an un-
warrantable jurisdiction over us. We have reminded them of the circumstances of
our emigration and settlement here. We have appealed to their native justice and

DECLARATION OF INDEPENDENCE.

3

magnanimity; and we have conjured them by the ties of our common kindred to
disavow these usurpations, which would inevitably interrupt our connexion and
correspondence. They, too, have been deaf to the voice of justice and of consan-
guinity. We must, therefore, acquiesce in the necessity which denounces our
separation, and hold them as we hold the rest of mankind, enemies in war, in
peace, friends.

We, therefore, the representatives of the United States of America, in general
Congress assembled, appealing to the Supreme Judge of the world, for the recitude
of our intentions, do, in the name and by the authority of the good people of these
colonies, solemnly publish and declare, that these united colonies are, and of
right ought to be, free and independent States ; that they are absolved from all
allegiance to the British crown, and that all political connexion between them and
the state of Great Britain is, and ought to be, totally dissolved; and that as free and
independent States they have full power to levy war, conclude peace, contract alli-
ances, establish commerce, and to do all other acts and things which independent
States may of right do. And for the support of this declaration, with a firm reli-
ance on the protection of Divine Providence, we mutually pledge to each other our
lives, our fortunes, and our sacred honor.

The foregoing declaration was, by order of Congress, engrossed, and signed by the
following members :

JOHN HANCOCK.

New Hampshire,

JOSIAH BARTLETT,
WILLIAM WHIPPLE,
MATTHEW THORNTON.

Massachusetts Bay,

SAMUEL ADAMS,
JOHN ADAMS,
ROBERT TREAT PAINE,
ELBRIDGE GERRY.

Rhode Island, Sfc,

STEPHEN HOPKINS,
WILLIAM ELLERY.

Connecticut,

ROGER SHERMAN,
SAMUEL HUNTINGTON,
WILLIAM WILLIAMS,
OLIVER WOLCOTT.

New York,

WILLIAM FLOYD,
PHILIP LIVINGSTON,
FRANCIS LEWIS,
LEWIS MORRIS.

New Jersey,

RICHARD STOCKTON,
JOHN WITHERSPOON,
FRANCIS HOPKINSON,
JOHN HART,
ABRAHAM CLARK.

Pennsylvania,

ROBERT MORRIS,
BENJAMIN RUSH,
BENJAMIN FRANKLIN,
JOHN MORTON,
GEORGE CLYMER,

JAMES SMITH,
GEORGE TAYLOR,
JAMES WILSON,
GEORGE ROSS.

Delaware^

CjESAR RODNEY,
GEORGE READ,
THOMAS M'KEAN.

Maryland,

SAMUEL CHASE,
WILLIAM PACA,
THOMAS STONE,
CHARLES CARROLL, of Carrollton.

Virginia,

GEORGE WYTHE,
RICHARD HENRY LEE,
THOMAS JEFFERSON,
BENJAMIN HARRISON,
THOMAS NELSON, Jr.
FRANCIS LIGHTFOOT LEE,
CARTER BRAXTON.

North Carolina,

WILLIAM HOOPER,
JOSEPH HEWES,
JOHN PENN.

South Carolina,

EDWARD RUTLEDGE,
THOMAS HEY WARD, Jr.
THOMAS LYNCH, Jr.
ARTHUR MIDDLETON.

Georgia,

BUTTON GWINNETT,
LYMAN HALL,
GEORGE WALTON.

ARTICLES OE CONFEDERATION

AND PERPETUAL UNION,

Between the States of Mew Hampshire, Massachusetts Bay, Rhode Island and
Providence Plantations, Connecticut, Mew York, Mevj Jersey, Pennsylvania,
Delaware, Maryland, Virginia, Morth Carolina, South Carolina, and Georgia.

ARTICLE I.
Style of Confederacy.

ARTICLE II.

State sovereignty.

League, &c.

ARTICLE IIL

ARTICLE IV.

Rights of citizenship ; privileges of trade ; duties
and restrictions; fugitives from justice; credit to
acts of States.

ARTICLE V.

Delegates in Congress ; their number ; term ; how
paid; manner of voting; freedom of speech; pri-
vileges of members.

ARTICLE VI.

States may not make treaties ; officers not to accept
of presents ; titles of nobility not to be granted ;
States not to make treaties with each other with-
out consent of Congress ; States not to levy duties
in contravention of treaties ; States not to keep
ships or armies without consent of Congress ;
shall organize militia, keep arms, &c. ; shall not
engage in war, unless invaded; nor grant com-
missions, except in time of war, unless to sup-
press piracy.

ARTICLE VII.

When forces raised by a State, what officers to be
commissioned by State.

ARTICLE VIII.

Expenses of Government to be defrayed by a land
tax, to be laid and levied by the States.

ARTICLE IX.

Powers of Congress ; war ; peace ; treaties ; prohibi-
tions ; powers of States not to be abridged ; State
courts.

Mode of appealing to Congress, in differences be-
tween States ; mode of adjudication ; controver-
sies concerning private rights ; coin ; weights and
measures ; trade ; Indian affairs ; post offices ; ap-
pointment of officers of army and navy ; rufes for
army and navy ; committee of the States ; its du-
ties and powers.

Power of United States to engage in war, &c, regu.
lated ; adjournment of Congress ; publication of
its proceedings.

ARTICLE X.

Power of the committee of States in recess of Con-
gress.

ARTICLE XL
Admission of Canada.

ARTICLE XIL
Existing debts assumed.

ARTICLE XIII.

States to abide by acts of Confederation; union
pe/petual ; alterations ; ratification.

ARTICLES OF CONFEDERATION. 5

ARTICLE I.

The style of this confederacy shall be, " the united states of amekica."

ARTICLE II.

Each State retains its sovereignty, freedom, and independence, and every power,
jurisdiction, and right which is not by this confederation expressly delegated to the
United States in Congress assembled.

ARTICLE III.

The said States hereby severally enter into a firm league of friendship with each
other for their common defence, the security of their liberties, and their mutual and
general welfare ; binding themselves to assist each other against all force offered to,
or attacks made upon them, or any of them, on account of religion, sovereignty^
trade or any other pretence whatever.

ARTICLE IV.

The better to secure and perpetuate mutual friendship and intercourse among
the people of the different States in this Union, the free inhabitants of each of these
States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled
to all privileges and immunities of free citizens in the several States ; and the people
of each State shall have free ingress and regress to and from any other State, and
shall enjoy therein all the privileges of trade and commerce, subject to the same
duties, impositions and restrictions, as the inhabitants thereof respectively : Provided,
That such restriction shall not extend so far as to prevent the removal of property im-
ported into any State to any other State of which the owner is an inhabitant:
Provided also, that no imposition, duties or restriction shall be laid by any State
on the property of the United States, or either of them.

If any person, guilty of or charged with treason, felony, or other high misde-
meanor, in any State, shall flee from justice, and be found in any of the United
States, he shall, upon demand of the Governor, or executive power of the State
from which he fled, be delivered up, and removed to the State having jurisdiction
of his offence.

Full faith and credit shall be given in each of these States to the records, acts,
and judicial proceedings of the courts and magistrates of every other State.

ARTICLE V.

For the more convenient management of the general interests of the United States,
delegates shall be annually appointed, in such manner as the Legislature of each
State shall direct, to meet in Congress on the first Monday in November, in every
year, with a power reserved to each State to recall its delegates, or any of them, at
any time within the year, and to send others in their stead, for the remainder of the
year.

No State shall be represented in Congress by less than two, nor by more than
seven members ; and no person shall be capable of being a delegate for more than
three years in any term of six years ; nor shall any person, being a delegate, be capable
of holding any office under the United States, for which he, or another for his benefit*
receives any salary, fees, or emoluments of any kind.

Each State shall maintain its own delegates in a meeting of the States, and while
they act as members of the committee of the States.

In determining questions in the United States in Congress assembled, each State
shall have one vote.

6 ARTICLES OF CONFEDERATION.

Freedom of speech, and debate in Congress, shall not be impeached or questioned
in any other court or place out of Congress ; and the members of Congress shall be
protected in their persons from arrests and imprisonments during the time of their
o-oin^ to and from, and attendance on Congress, except for treason, felony, or breach
of the peace.

ARTICLE VI.

No State, without the consent of the United States in Congress assembled, shall
send an embassy to, or receive an embassy from, or enter into any conference, agree-
ment, alliance or treaty with any king, prince or State ; nor shall any person, hold-
ino- any office of profit or trust under the United States, or any of them, accept of
any present, emolument, office, or title of any kind whatever, from any king, prince
of foreign State ; nor shall the United States in Congress assembled, or any of them,
grant any title of nobility.

No two or more States shall enter into any treaty, confederation, or alliance
whatever between them, without the consent of the United States in Congress
assembled, specifying accurately the purposes for which the same is to be entered
into, and how long it shall continue.

No State shall lay any imposts or duties, which may interfere with any stipula-
tions in treaties entered into by the United States in Congress assembled, with any
king, prince or State, in pursuance of any treaties already proposed by Congress
to the Courts of France and Spain.

No vessels of war shall be kept up in time of peace by any State, except such
number only as shall be deemed necessary by the United States in Congress assem-
bled, for the defence of such State or its trade ; nor shall any body of forces be kept
up by any State in time of peace, except such number only, as in the judgment of the
United States in Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defence of such State; but every State shall always keep up a
well regulated and disciplined militia, sufficiently armed and accoutred, and shall
provide, and have constantly ready for use, in public stores, a due number of field
pieces and tents, and a proper quantity of arms, ammunition and camp equipage.

No State shall engage in any war without the consent of the United States in
Congress assembled, unless such State be actually invaded by enemies, or shall
have received certain advice of a resolution being formed by some nation of Indians
to invade such State, and the danger is so imminent as not to admit of a delay till
the United States in Congress assembled can be consulted; nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or reprisal,
except it be after a declaration of war by the United States in Congress assembled;
and then only against the kingdom or State, and the subjects thereof, against which
war has been so declared, and under such regulations as shall be established by the
United States in Congress assembled; unless such State be infested by pirates; in
which case vessels of war may be fitted out for that occasion, and kept so long as
file danger shall continue, or until the United States in Congress assembled shall
determine otherwise.

ARTICLE VIL

When land forces are raised by any State for the common defence, all officers ofT
or under the rank of colonel, shall be appointed by the Legislature of each State
respectively, by whom such forces shall be raised, or in such manner as such State
shall direct ; and all vacancies shall be filled up by the State which first made the
appointment.

ARTICLE VIII.

All charges of war and all other expenses that shall be incurred for the common
defence or general welfare, and allowed by the United States in Congress assembled,

ARTICLES OF CONFEDERATION. 7

shall be defrayed out of a common treasury, which shall be supplied by the several
States, in proportion to the value of all land within each State granted to, or
surveyed for, any person, as such land, and the buildings and improvements thereon,
shall be estimated according to such mode as the United States in Congress
assembled shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and
direction of the Legislatures of the several States, within the time agreed upon by
the United States in Congress assembled.

ARTICLE IX.

The United States in Congress assembled, shall have the sole and exclusive right
and power of determining on peace and war, except in the cases mentioned in the
sixth article — of sending and receiving ambassadors — entering into treaties and
alliances: Provided, That no treaty of commerce shall be made, whereby the
legislative power of the respective States shall be restrained from imposing
such imposts and duties on foreigners as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or commodities
whatsoever — of establishing rules for deciding, in all cases, what captures on land or
water shall be legal, and in what manner prizes taken by land or naval forces in
the service of the United States shall be divided or appropriated — of granting letters
of marque and reprisal in times of peace — appointing courts for the trial of piracies
and felonies committed on the high seas, and establishing courts for receiving and
determining finally, appeals in all cases of captures: Provided, That no member of
Congress shall be appointed a judge of any of the said courts.

The United States in Congress assembled, shall also be the last resort on appeal
in all disputes and differences now subsisting, or that hereafter may arise between
two or more States, concerning boundary, jurisdiction, or any other cause whatever ;
which authority shall always be exercised in the manner following: — Whenever
the legislative or executive authority, or lawful agent of any State in controversy
with another, shall present a petition to Congress, stating the matter in question,
and praying for a hearing, notice thereof shall be given by order of Congress to
the legislative or executive authority of the other State in controversy, and a day
assigned for the appearance of the parties by their lawful agents, who shall then
be directed to appoint, by joint consent, commissioners or judges to constitute a
court for hearing and determining the matter in question ; but if they cannot agree,
Congress shall name three persons out of each of the United States, and from the
list of such persons each party shall alternately strike out one, the petitioners
beginning, until the number shall be reduced to thirteen ; and from that number not
less than seven nor more than nine names, as Congress shall direct, shall in the
presence of Congress be drawn out by lot; and the persons whose names shall be
so drawn, or any five of them, shall be commissioners or judges to hear, and finally
determine the controversy, so always as a major part of the judges, who shall hear
the cause, shall agree in the determination ; and if either party shall neglect to
attend at the day appointed, without showing reasons which Congress shall judge
sufficient, or, being present, shall refuse to strike, the Congress shall proceed to
nominate three persons out of each State, and the Secretary of Congress shall strike
in behalf of such party absent or refusing; and the judgment and sentence of the
court to be appointed in the manner before prescribed, shall be final and conclusive.
And if any of the parties shall refuse to submit to the authority of such court, or to
appear or defend their claim or cause, the court shall nevertheless proceed to
pronounce sentence or judgment, which shall, in like manner, be final and decisive,
the judgment or sentence and other proceedings being in either case transmitted
to Congress, and lodged among the acts of Congress, for the security of the
parties concerned: Provided, That every commissioner, before he sits in judgment,
shall take an oath, to be administered by one of the Judges of the Supreme or
Superior court of the State where the cause shall be tried, "well and truly to hear

8 ARTICLES OF CONFEDERATION.

and determine the matter in question, according to the best of his judgment,
without favor, affection or hope of reward: " Provided also, That no State shall be
deprived of territory for the benefit of the United States.

All controversies concerning the private right of soil, claimed under different
grants of two or more States, whose jurisdiction, as they may respect such lands
and the States which passed such grants, are adjusted, the said grants, or either
of them, being at the same time claimed to have originated antecedent to such set-
tlement of jurisdiction, shall, on the petition of either party to the Congress of the
United States, be finally determined, as near as may be, in the same manner as is
before prescribed for deciding disputes respecting territorial jurisdiction between
different States.

The United States in Congress assembled, shall also have the sole and exclusive
right and power of regulating the alloy and value of coin struck by their own
authority, or by that of the respective States ; fixing the standard of weights and
measures throughout the United States ; regulating the trade, and managing all
affairs with the Indians, not members of any of the States: Provided, That the
legislative right of any State within its own limits be not infringed or violated —
establishing and regulating post-offices from one State to another, throughout all
the United States, and exacting such postage on the papers passing through the
same as may be requisite to defray the expenses of the said office — appointing all
officers of the land forces in the service of the United States, excepting regimental
officers — appointing all the officers of the naval forces, and commissioning all
officers whatever in the service of the United States — making rules for the gov-
ernment and regulation of the said land and naval forces, and directing their
operations.

The United States in Congress assembled, shall have authority to appoint a
committee to sit in the recess of Congress, to be denominated "A Committee of the
States, " and to consist of one delegate from each State ; and to appoint such ether
committees and civil officers as may be necessary for managing the general affairs
of the United States, under their direction — to appoint one of their number to
preside : Provided, That no person be allowed to serve in the office of President
more than one year in any term of three years; to ascertain the necessary sums of
money to be raised for the service of the United States, and to appropriate and
apply the same for defraying the public expenses — to borrow money, or emit bills
on the credit of the United States, transmitting every half year to the respective
States, an account of the sums of money so borrowed or emitted — to build and
equip a navy — to agree upon the number of land forces, and to make requisitions
from each State for its quota, in proportion to the number of white inhabitants in
such State ; which requisitions shall be binding, and thereupon the Legislature of each
State shall appoint the regimental officers, raise the men, and clothe, arm and equip
them in a soldier-like manner, at the expense of the United States ; and the officers
and men so clothed, armed and equipped, shall march to the place appointed, and
within the time agreed on by the United States in Congress assembled, but if the
United States in Congress assembled shall, on consideration of circumstances, judge
proper that any State should not raise men, or should raise a smaller number than its
quota, and that any other State should raise a greater number of men than the quota
thereof, such extra number shall be raised, officered, clothed, armed and equipped,
in the same manner as the quota of such State, unless the Legislature of such State
shall judge that such extra number cannot be safely spared out of the same; in
which case, they shall raise, officer, clothe, arm and equip as many of such extra
number as they judge can be safely spared; and the officers and men, so clothed,
armed and equipped, shall march to the place appointed, and within the time agreed
on by the United States in Congress assembled.

The United States in Congress assembled, shall never engage in a war, nor grant
letters of marque and reprisal in time of peace, nor enter into any treaties or alliances,
nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses
necessary for the defence and welfare of the United States, or any of them, nor

ARTICLES OF CONFEDERATION. 9

emit bills, nor borrow money on the credit of the United States, nor appropriate
money, nor agree upon the number of vessels of war to be built or purchased, or
the number of land or sea forces to be raised, nor appoint a commander-in-chief of
the army or navy, unless nine States assent to the same; nor shall a question on any
other point, except for adjourning from day to day, be determined, unless by the
votes of a majority of the United States in Congress assembled.

The Congress of the United States shall have power to adjourn to any time
within the year, and to any place within the United Slates, so that no period of
adjournment be for a longer duration than the space of six months ; and shall
publish the journal of their proceedings monthly, except such parts thereof,
relating to treaties, alliances, or military operations, as in their judgment require
secrecy ; and the yeas and nays of the delegates of each State on any question shall
be entered on the journal, when it is desired by any delegate; and the delegates
of a State, or any of them, at his or their request, shall be furnished with a trans-
cript of the said journal, except such parts as are above excepted, to lay before
the Legislatures of the several States.

ARTICLE X.

The committee of the States, or any nine of them, shall be authorized to execute,
in the recess of Congress, such of the powers of Congress as the United States in
Congress assembled, by the consent of nine States, shall from time to time think
expedient to vest them with: Provided, That no power be delegated to the said
Committee, for the exercise of which, by the articles of confederation, the voice of
nine States in the Congress of the United States assembled, is requisite.

ARTICLE XI.

Canada, acceding to this confederation, and joining in the measures of the United
States, shall be admitted into, and entitled to, all the advantages of this Union ; but
no other colony shall be admitted into the same, unless such admission be agreed to
by nine States.

ARTICLE XII.

All bills of credit emitted, moneys borrowed, and debts contracted, by or under
the authority of Congie»s, before the assembling of the United States, in pursu-
ance of the present confederation, shall be deemed and considered as a charge
against the United States, for payment and satisfaction whereof the said United
States and the public faith are hereby solemnly pledged.

ARTICLE XIII.

Every State shall abide by the determination of the United States in Congress
assembled, on all questions which, by this confederation, are submitted to them.
And the articles of this confederation shall be inviolably observed by every State,
and the union shall be perpetual ; nor shall any alteration at any time hereafter be
made in any of them, unless such alteration be agreed to in a Congress of the
United States, and be afterwards confirmed by the Legislature of every State.

And whereas, it has pleased the Great Governor of the world to incline the
hearts of the Legislatures we respectively represent in Congress, to approve of,
and to authorize us to ratify the said articles of confederation, and perpetual union:
Know ye, That we, the undersigned delegates, by virtue of the power and
authority to us given for that purpose, do, by these presents, in the name and in
behalf of our respective constituents, fully and entirely ratify and confirm each
and every of the said articles of confederation and perpetual union, and all and
singular the matters and things therein contained ; and we do further solemly plight

10

ARTICLES OF CONFEDERATION.

and eri"-ag;e the faith of our respective constituents, that they shall abide by the
determinations of the United States in Congress assembled, on all questions which,
by the said confederation, are submitted to them ; and that the articles thereof shall
be inviolably observed by the States we respectively represent; and that the union
shall be perpetual.

In witness whereof, we have hereunto set our hands, in Congress, done at
Philadelphia, in the State of Pennsylvania, the ninth day of July, in the
year of our Lord one thousand seven hundred and seventy-eight, and in the
third year of the Independence of America.

On the part and behalf of the State of New
Hampshire,

JOSIAH BARTLETT,

JOHN WENTWORTH, Jr., Aug. 8, 1778.

On the part and behalf of the State of Massa-
chusetts Bay,

JOHN HANCOCK,
SAMUEL ADAMS,
ELBRIDGE GERRY,
FRANCIS DANA,
JAMES LOVELL,
SAMUEL HOLTEN.

On the part and behalf of the State of Rhode
Island and Providence Plantations,

WILLIAM ELLERY,
HENRY MARCHANT,
JOHN COLLINS.

On the part and behalf of the State of Connec-
ticut,

ROGER SHERMAN,
SAMUEL HUNTINGTON,
OLIVER WOLCOTT,
TITUS HOSMER,
ANDREW ADAMS.

On the part and behalf of the State of New
York,

JAS. DUANE,
FRA. LEWIS,
WM. DUER,
GOUV. MORRIS.

On the part and behalf of the State of New
Jersey,

JNO. WITHERSPOON,

NATH. SCUDDER, Nov. 26, 1778.

On the part and behalf of the State of Penn-
sylvania,

ROBT. MORRIS,
DANIEL ROBERDEAU,
JONA. BAYARD SMITH,
WILLIAM CLINGAN,
JOSEPH REED, 22d July, 1778.

On the part and behalf of the Slate of Delaware,

THOMAS McKEAN, Feb. 13, 1779.
JOHN DICKINSON, May 5th, 1779.
NICHOLAS VAN DYKE.

On the part and behalf of the State of Maryland,

JOHN HANSON, March 1, 1781,
DANIEL CARROLL, do.

On the part and behalf of the State of Virginia,

RICHARD HENRY LEE,

JOHN BANISTER,

THOMAS ADAMS,

JNO. HARVIE,

FRANCIS LIGHTFOOT LEE.

On the part and behalf of the State of North
Carolina,

JOHN PENN, July 21st, 1778,
CORNS. HARNETT,
JNO. WILLIAMS.

On the part and behalf of the State of South
Carolina,

HENRY LAURENS,
WILLIAM HENRY DRAYTON,
JNO. MATTHEW?,
RICHARD HUTSON,
THOMAS HEYWARD, jr.

On the part and behalf of the State of Georgia,

JNO. WALTON, 24th July, 1778.
EDWD. TELFAIR,
EDWD. LANGWORTHY.

ORDINANCE OF 1787:

FOR THE GOVERNMENT OF THE TERRITORY OF THE UNITED
STATES NORTH-WEST OF THE RIVER OHIO.

1. Temporary government.

2. Rules of descent and of inheritance ; wills and

devices, customs, &c.

3. Governor of Territory; his term, and qualifica-

tions.

4. Secretary, his term, duties, residence and quali-

fications ; court, its jurisdiction ; residence,
qualifications and terms of Judges.

5. Mode of adopting laws for Territory.

6. Governor to be commander-in-chief; inferior

officers how appointed.

7. Magistrates, how appointed.

8. Laws to prevent crimes ; divisions of territory.

9. Representatives in General Assembly how

elected ; their qualifications.

1 0. Their term ; vacancies how filled.

11. General Assembly, how constituted; legislative

council how chosen ; term of members ; pow-
ers and duties of Governor and Assembly.

12. Oath of office ; General Assembly to elect a del-

egate to Congress.

13. Objects of this ordinance.

14. Declaratory clause.

ARTICLE I.

Religious freedom guaranteed.

ARTICLE II.

Rights sscursd of habeas corpus ; trial by jury; rep-
resentation; bail; fines; ex post facto laws.

ARTICLE III.

Education to be encouraged; faith with the Indian
tribes preserved.

ARTICLE IV.

States formed in this territory to be part of confede-
racy; to pay their portion of national debts and
taxes ; Legislatures not to interfere with title of
U. S. to soil; nor tax public lands ; nor non-resi-
dents higher than residents ; navigable waters to
be free.

ARTICLE V.

Not less than three, nor more than five States to
be formed in the territory ; Illinois, how bounded ;
Indiana; Ohio; Michigan; having 60,000 free in-
habitants, to be admitted into the Union ; form
constitutions ; form of Government to be repub-
lican; may be admitted before they shall have
60,000, if Congress consents.

ARTICLE VI.

Slavery and involuntary servitude not allowed, ex-
cept as a punishment for crime ; fugitives to be
.restored; resolution of 23d April, 17S4, re-
pealed.

1. Be it ordained, by the United States in Congress assembled, That the said
territory, for the purposes of temporary Government, be one district; subject, how-
ever, to be divided into two districts, as future circumstances may in the opinion
of Congress, make it expedient.

2. Be it ordained by the authority aforesaid, That the estates both of resident
and non-resident proprietors in the said territory, dying intestate, shall descend to,
and be distributed among their children, and the decendants of a deceased child in
equal parts, the decendants of a deceased child or grand child to take the share of
their deceased parent in equal parts among them : and where there shall be no
children or decendants, then in equal parts to the next of kin, in equal degree; and
among collaterals, the children of a deceased brother or sister of the intestate shall
have, in equal parts among them, their deceased parent's share ; and there shall,
in no case, be a distinction between kindred of the whole and half blood ; saving in
all cases to the widow of the intestate, her third part of the real estate for life, and
one-third part of the personal estate ; and this law relative to descents and dower?

12 ORDINANCE.

shall remain in full force until altered by the legislature of the district. And until
the governor and judges shall adopt laws as hereinafter mentioned, estates in the
said territory may be devised or bequeathed by wills in writing, signed and sealed
by him or her, in whom the estate may be, (being of full age,) and attested by
three witnesses ; and real estates may be conveyed by lease and release, or bargain
and sale, signed, sealed and delivered, by the person, being of full age, in whom the
estate may be, and attested by two witnesses, provided such wills be duly proved,
and such conveyances be acknowledged, or the execution thereof duly proved, and
be recorded within one year after proper magistrates, courts and registers, shall be
appointed for that purpose ; and personal property may be transferred by delivery ;
saving, however, to the French and Canadian inhabitants, and other settlers of the
Kaskaskies, Saint Vincents and the neighboring villages, who have heretofore pro-
fessed themselves citizens of Virginia, their laws and customs now in force among
them, relative to the descent and conveyance of property.

3. Be it ordained by the authority aforesaid, That there shall be appointed, from
time to time, by Congress, a governor, whose commission shall continue in force
for the term of three years, unless sooner revoked by Congress : he shall reside
in the district, and have a freehold estate therein, in one thousand acres of land,
while in the exercise of his office.

4. There shall be appointed, from time to time, by Congress, a secretary, whose
commission shall continue in force for four years, unless sooner revoked; he shall
reside in the district, and have a freehold estate therein, in five hundred acres of
land, while in the exercise of his office ; it shall be his duty to keep and preserve
the acts and laws passed by the legislature, and the public records of the district,
and the proceedings of the governor in his executive department; and transmit
authentic copies of such acts and proceedings, every six months, to the secretary
of Congress: There shall also be appointed a court, to consist of three judges, any
two of whom to form a court, who shall have a common law jurisdiction, and reside
in the district, and have each therein a freehold estate, in five hundred acres of
land, while in the exercise of their offices^ and their commissions shall continue in
force during good behaviour.

5. The governor and judges, or a majority of them, shall adopt and publish in
the district, such laws of the original States, criminal and civil, as may be neces-
sary, and best suited to the circumstances of the district, and report them to
Congress, from time to time ; which laws shall be in force in the district until
the organization of the general assembly therein, unless disapproved of by Con-
gress ; but afterwards the legislature shall have authority to alter them as they shall
think fit.

6. The governor for the time being, shall be commander-in-chief of the militia,
appoint and commission all officers in the same, below the rank of general officers ;
all general officers shall be appointed and commissioned by Congress.

7., Previous to the organization of the general assembly, the governor shall ap-
point such magistrates and other civil officers, in each county or township, as he
shall find necessary for the preservation of the peace and good order in the same.
After the general assembly shall be organized, the powers and duties of magistrates
and other civil officers shall be regulated and defined by the said assembly ; but all
magistrates and other civil officers, not herein otherwise directed, shall, during the
continuance of this temporary government, be appointed by the governor.

8. For the prevention of crimes and injuries, the laws to be adopted or made,
shall have force in all parts of the district, and for the execution of process, crimi-
nal and civil, the governor shall make proper divisions thereof; and he shall
proceed from time to time, as circumstances may require, to lay out the parts of
the district in which the Indian titles shall have been extinguished, into counties
and townships, subject, however, to such alterations as may thereafter be made by
the legislature.

9. So soon as there shall be five thousand free male inhabitants, of full age, in
the district, upon giving proof thereof to the governor, they shall receive authority,

ORDINANCE. ' 13

with time and place, to elect representatives from their counties or townships, to
represent them in the general assembly : Provided, That, for every five hundred
free male inhabitants, there shall be one representative, and so on, progressively,
with the number of free male inhabitants, shall the right of representation increase,
until the number of representatives shall amount to twenty-five ; after which the
number and proportion of representatives shall be regulated by the legislature :
Provided, That no person be eligible or qualified to act as a representative, unless
he shall have been a citizen of one of the United States three years, and be a re-
sident in the district, or unless he shall have resided in the district three years ;
and in either case, shall likewise hold in his own right, in fee simple, two hundred
acres of land within the same : Provided also, That a freehold in fifty acres of land
in the district, having been a citizen of one of the States, and being a resident in
the district, or the like freehold and two year's residence in the district, shall be
necessary to qualify a man as an elector of a representative.

10. The representatives thus elected shall serve for the term of two years ; and in
case of the death of a representative, or removal from office, the governor shall
issue a writ to the county or township, for which he was a member, to elect
another in his stead, to serve for the residue of the term.

11. The general assembly, or legislature, shall consist of the governor, legisla-
tive council, and a House of representatives. The legislative council shall consist
of five members, to continue in office five years, unless sooner removed by Con-
gress ; any three of whom to be a quorum ; and the members of the council shall
be nominated and appointed in the following manner, to wit: As soon as represen-
tatives shall be elected, the governor shall appoint a time and place for them to meet
together, and when met, they shall nominate ten persons, residents in the district,
and each possessed of a freehold in five hundred acres of land, and return their
names to Congress ; five of whom Congress shall appoint and commission to serve
as aforesaid: and whenever a vacancy shall happen in the council, by death or
removal from office, the House of representatives shall nominate two persons, quali-
fied as aforesaid, for each vacancy, and return their names to Congress ; one of
whom Congress shall appoint and commission for the residue of the term : and
every five years, four months at least before the expiration of the time of service
of the members of council, the said House shall nominate ten persons, qualified as
aforesaid, and return their names to Congress ; five of whom Congress shall ap-
point and commission to serve as members of the council five years, unless sooner
removed. And the governor, legislative council and House of representatives,
shall have authority to make laws, in all cases for the good government of
the district, not repugnant to the principles and articles in this ordinance establish-
ed and declared. And all bills, having passed by a majority in the House, and by
a majority in the council, shall be referred to the governor for his assent ; but no
bill or legislative act whatever, shall be of any force without his assent. The
governor shall have power to convene, prorogue, and dissolve, the general assem-
bly, when in his opinion it shall be expedient.

12. The governor, judges, legislative council, secretary, and such other officers
as Congress shall appoint in the district, shall take an oath or affirmation of fidelity,
and of office; the governor before the president of Congress, and all other officers
before the governor. As soon as the legislature shall be formed in the district,
the council and House assembled, in one room, shall have authority, by joint ballot,
to elect a delegate to Congress, who shall have a seat in Congress, with a right of
debating, but not of voting during this temporary government.

13. And for extending the fundamental principles of civil and religious liberty,
which form the basis whereon these republics, their laws, and constitution, are
erected; to fix and establish those principles as the basis of all laws, constitutions
and governments, which forever hereafter shall be formed in the said territory ; to
provide, also, for the establishment of States, and permanent government therein,
and for their admission to a share in the federal councils on an equal footing with
the original States, at as early periods as may be consistent with the general interest:

14 ORDINANCE.

14. It is hereby ordained and declared, by the authority aforesaid, That the
following articles shall be considered as articles of compact, between the original
States and the people and States in the said territory, and forever remain unaltera-
ble, unless by common consent, to wit:

ARTICLE I.

No person, demeaning himself in a peaceable and orderly manner, shall ever
be molested on account of his mode of worship or religious sentiments, in the
said territory.

ARTICLE II.

The inhabitants of the said territory shall always be entitled to the benefits of
the writs of habeas corpus, and of the trial by jury ; of a proportionate represen-
tation of the people in the legislature, and of judicial proceedings according to the
course of the common law. All persons shall be bailable, unless for capital
offences, where the proof shall be evident or the presumption great. All fines
shall be moderate ; and no cruel or unusual punishments shall be inflicted. No
man shall be deprived of his liberty or property, but by the judgment of his peers,
or the law of the land, and should the public exigencies make it necessary, for
the common preservation, to take any person's property, or to demand his particu-
lar services, full compensation shall be made for the same. And, in the just pre-
servation of rights and property, it is understood and declared, that no law ought
ever to be made, or have force in the said territory, that shall, in any manner
whatever, interfere with, or affect private contracts or engagements, bona fide, and
without fraud previously formed.

ARTICLE III.

Religion, morality and knowledge, being necessary to good government and the
happiness of mankind, schools and the means of education shall forever be
encouraged. The utmost good faith shall always be observed towards the Indians ;
their lands and property shall never be taken from them without their consent; and
in their property, rights and liberty they never shall be invaded or disturbed, unless
in just and lawful wars authorised by Congress ; but laws founded in justice and
humanity shall, from time to time, be made, for preventing wrongs being done to
them, and for preserving peace and friendship with them.

ARTICLE IV.

The said territory, and the States which may be formed therein, shall forever
remain a part of this confederacy of the United States of America, subject to the
articles of confederation, and to such alterations therein as shall be constitutionally
made ; and to all the acts and ordinances of the United States in Congress assembled,
conformable thereto. The inhabitants and settlers in the said territory shall be
subject to pay a part of the federal debts, contracted or to be contracted, and a
proportional part of the expenses of government, to be apportioned on them by
Congress, according to the same common rule and measure by which apportion-
ments thereof shall be made on the other States ; and the taxes for paying their
proportion, shall be laid and levied by the authority and direction of the Legisla-
tures of the district or districts, or new States, as in the original States, within
the time agreed upon by the United States in Congress assembled. The Legisla-
tures of those districts, or new States, shall never interfere with the primary
disposal of the soil by the United States in Congress assembled, nor with any
regulations Congress may find necessary, for securing the title in such soil, to
the bona fide purchasers. No tax shall be imposed on lands the property of the

ORDINANCE. 1 5

United States ; and in no case shall non-resident proprietors be taxed higher than
residents. The navigable waters leading into the Mississippi and St. Lawrence,
and the carrying places between the same, shall be common highways, and forever
free, as well to the inhabitants of tbe said territory, as to the citizens of the
United States, and those of any other States that may be admitted into the
confederacy, without any tax, impost, or duty therefor.

ARTICLE V.

There shall be formed in the said territory, not less than three, nor more than
five States 5 and the boundaries of the States, as soon as Virginia shall alter her
act of cession, and consent to the same, shall become, fixed and established as
follows, to wit: The western State in the said territory, shall be bounded by
the Mississippi, the Ohio, and the Wabash rivers ; a direct line drawn from
the Wabash and Post Vincents, due north, to the territorial line between the
United States and Canada ; and by the said territorial line to the Lake of the Woods
and Mississippi. The middle State shall be bounded by the said direct line, the
Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due
north from the mouth of the Great Miami to the said territorial line, and by the
said territorial line. The eastern State shall be bounded by the last mentionel
direct line, the Ohio, Pennsylvania, and the said territorial line : Provided however,
And it is further understood and declared, that the boundaries of these three
States shall be subject so far to be altered, that, if Congress shall hereafter find
it expedient, they shall have authority to form one or two States in that part of
the said territory which lies north of an east and west line drawn through the
southerly bend or extreme of Lake Michigan. And whenever any of the said
States shall have sixty thousand free inhabitants therein, such State shall be
admitted, by its delegates, into the Congress of the United States, on an equal
footing with the original States, in all respects whatever ; and shall be at liberty to
form a permanent constitution and State government : Provided, The constitution and
government, so to be formed, shall be republican, and in conformity to the
principles contained in these articles, and, so far as it can be consistent with the
general interest of the confederacy, such admission shall be allowed at an earlier
period, and when there may be a less number of free inhabitants in the State than
sixty thousand.

ARTICLE VI.

There shall be neither slavery nor involuntary servitude in the said territory,
otherwise than in the punishment of crimes, whereof the party shall have been
duly convicted : Provided always, That any person escaping into the same, from
whom labor or service is lawfully claimed in any one of the original States, such
fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her
labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the twenty-
third of April, one thousand seven hundred and eight-four, relative to the subject
of this ordinance, be, and the same are hereby repealed, and declared null and
void.

Done by the United States, in Congress assembled, the thirteenth day of July,
in the year of our Lord one thousand seven hundred and eighty-seven, and of
their sovereignty and independence the twelfth.

WILLIAM GRAYSON, Chairman.

Charles Thompson, Secretary.

CONSTITUTION OP THE UNITED STATES.

Preamble.

ARTICLE I.
Section

1 . Legislative powers, in whom vested.

2. House of Representatives, how and by whom

chosen ; qualification of members ; represen-
tatives and direct taxes how apportioned; cen-
sus ; filling vacancies ; power of choosing offi-
cers and of impeachment.

3. Senators, how and by whom chosen; how clas-

sified; qualifications; President of Senate, his
right to vote ; officers of Senate, how chosen ;
power to try impeachments ; when President
is tried, Cliief Justice to preside; extent of
judgment.

4. Time, place and manner of holding elections for

Senators and Representatives ; one session of
Congress in each year.

5. Membership ; quorum ; adjournments ; power to

punish or expel; journal; times of adjourn-
ment limited.

6. Compensation; privileges; disqualification in

certain cases.

1. House to originate bills relating to revenue;
veto; passage by two-thirds; bill retained by
President ten days ; orders, resolutions, &,c,
presented to President, except questions of
adjournment.

6. Powers of Congress; general enumeration of.

0. Congress may not forbid the emigration or im-
portation of certain persons; may impose tax;
writ of habeas corpus ; bills of attainder, or ex
post facto laws forbidden ; taxes, how assessed;
export duties, or duties on commerce, from
State to State ; regulating expenditures ; titles of
nobility not granted ; officers not to receive
presents, &c.
to. Enumeration of powers relinquished by the States.

ARTICLE II.

1. The President and Vice President, their official
term ; electors of President and Vice Presi-
dent, how appointed ; how to vote; who inel-
igible for President ; if vacancy, Vice Presi-
dent to act ; President's compensation : his
oath.

«. President to be Commander-in-chief; his power
to grant reprieves and pardons; may make
treaties ; power to nominate, &c. ; to fill va-
cancies, during recess of Senate.

3. President shall communicate to Congress ; may

convene and adjourn Congress in certain ca-
ses ; shall receive ambassadors ; execute the
laws, and commission officers.

4. Removal of President, Vice President and other

civil officers removed on impeachment for
crime. >

ARTICLE III.

Section

1 . Judicial power ; tenure ; compensation.

2. Jurisdiction of Supreme Court; original; appel-

late; trial by jury; when.

3. Treason defined ; proof of; punishment of; no

attainder, &c. except during life of offender.

ARTICLE IV.

1. States to give credit to acts, records of each

other ; mode of proof.

2. Privileges of citizenship ; fugitives from justice

or from service, to be delivered np.

3. Admission of States ; power of Congress over

territory and other property.

4. Republican form of Government guaranteed to

the States ; and protection against invasion
and domestic violence.

ARTICLE V.

1. Constitution, how amended; proviso.

ARTICLE VI.

1. Debts of Confederation assumed; Constitution
the supreme law ; binding State Judges ; oath
to support the Constitution to be taken by of-
ficers ; no religious test to be required.

ARTICLE VII.

1. What ratifications shall establish Constitution.

AMENDMENTS.

1. No religious establishment; freedom of speech;

of the press ; right of petition.

2. Right of people to keep arms.

3. Soldiers not to be quartered in houses without

consent, &c.

4. Rights of persons and property secured from

search and seizure.
6. Prosecution, trial and punishment of crime j
rights of accused guaranteed ; private property
not to be taken, &c.

6. Further provisions securing rights of accused per-

sons.

7. Right of trial by jury.

8. Excessive bail, fines and unusual punishments

proliibited.

9. Construction of Constitution.

10. Reservation of powers.

11. Judicial construction of Constitution.

12. Manner of choc jing President and Vice Presi-

dent; qualification for Vice President.

CONSTITUTION OF THE UNITED STATES. 17

PREAMBLE.

We, the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defence,
promote the general welfare, and secure the blessings of liberty to ourselves and
our posterity, do ordain and establish this Constitution for the United States of
America.

ARTICLE I.

SECTION I.

1. All legislative powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.

SECTION II.

1. The House of Representatives shall be composed of members chosen every
second year, by the people of the several States ; and the electors in each State
shall have the qualifications requisite for electors of the most numerous branch of
the State Legislature.

2. No person shall be a representative, who shall not have attained to the age
of twenty-five years, and been seven years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State in which he shall be
chosen.

3. Representatives and direct taxes shall be apportioned among the several
States which may be included within this Union, according to their respective
numbers, which shall be determined by adding to the whole number of free
persons, including those bound to service for a term of years, and excluding
Indians not taxed, three-fifths of all other persons. The actual enumeration shall
be made within three years after the first meeting of the Congress of the United
States, and within every subsequent term of ten years, in such manner as they
shall by law direct. The number of representatives shall not exceed one for
every thirty thousand, but each State shall have at least one representative : and
until such enumeration shall be made, the State of Mew Hampshire shall be entitled
to choose three ; Massachusetts, eight ; Rhode Island and Providence Plantations, one ;
Connecticut, five ; Mew York, six; Mew Jersey, four; Pennsylvania, eight; Delaware,
one ; Maryland, six ; Virginia, ten ; Morth Carolina, five ; South Carolina, five ;
and Georgia, three.

4. When vacancies happen in the representation from any State, the executive
authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their speaker and other officers,
and shall have the sole power of impeachment.

SECTION III.

1. The Senate of the United States shall be composed of two Senators from each
State, chosen by the legislature thereof, for six years ; and each Senator shall have
one vote.

2. Immediately after they shall be assembled in consequence of the first election,
they shall be divided, as equally as may be, into three classes. The seats of the
Senators of the first class, shall be vacated at the expiration of the second year; of
the second class, at the expiration of the fourth year ; and of the third class, at the
expiration of the sixth year; so that one-third may be chosen every second year;
and if vacancies happen by resignation or otherwise, during the recess of the
Legislature of any State, the executive thereof may make temporary appointments
until the next meeting of the Legislature, which shall then fill such vacancies.

2

18 CONSTITUTION OF THE UNITED STATES.

S. No person shall be a Senator, who shall not have attained to the age of thirty-
years, and been nine years a citizen of the United States, and who shall not, when
elected, be an inhabitant of that State for which he shall be chosen.

4. The Vice President of the United States shall be president of the Senate ;
but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a president, pro tempore,
in the absence of the Vice President, or when he shall exercise the office of
President of the United States.

6. The Senate shall have the sole power to try all impeachments. When
sittino- for that purpose, they shall be on oath or affirmation. When the President
of the United States is tried, the chief justice shall preside; and no person shall
be convicted without the concurrence of two-thirds of the members present.

7. Judgment, in cases of impeachment, shall not extend further than to removal
from office, and disqualification to hold and enjoy any office of honor, trust, or
profit, under the United States ; but the party convicted shall, nevertheless be
liable and subject to indictment, trial, judgment and punishment, according to law.

SECTION IV.

1. The times, places and manner of holding elections for Senators and
Representatives, shall be prescribed in each State, by the Legislature thereof; but
the Congress may at any time, by law, make or alter such legulations, except as
to the places of choosing Senators.

2. The Congress shall assemble at least once in every year, and such meeting
shall be on the first Monday in December, unless they shall by law appoint a
different day.

section v.

1. Each House shall be the judge of the elections, returns and qualifications of
its own members ; and a majority of each shall constitute a quorum to do business ;
but a smaller number may adjourn from day to day, and may be authorized to
compel the attendance of absent members, in such manner, and under such penal-
ties, as each House may provide.

2. Each House may determine the rules of its proceedings, punish its members
for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. Each House shall keep a journal of its proceedings, and from time to time
publish the same, excepting such parts as may, in their judgment, require secrecy;
and the yeas and nays of the members of either House, on any question, shall, at
the desire of one-fifth of those present, be entered on the journal.

4. Neither House, during the session of Congress, shall, without the consent of
the other, adjourn for more than three days, nor to any other place than that in
which the two Houses shall be sitting.

SECTION VI.

1. The Senators and Representatives shall receive a compensation for their
services, to be ascertained by law, and paid out of the treasury of the United
States. They shall, in all cases, except treason, felony and breach of the peace,
be privileged from arrest, during their attendance at the session of their respective
Houses, and in going to or returning from the same ; and for any speech or debate
in either House, they shall not be questioned in any other place.

2. No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the United States,
which shall have been created, or the emoluments whereof shall have been increased,
during such time ; and no person holding any office under the United States shall
be a member of either House during his continuance in office.

CONSTITUTION OF THE UNITED STATES. 19

SECTION VII.

1. All bills for raising a revenue shall originate in the House of Representatives ;
but the Senate may propose or concur with amendments as on other bills.

2. Every bill, which shall have passed the House of Representatives and the
Senate, shall, before it becomes a law, be presented to the President of the United
States ; if he approve he shall sign it ; but if not, he shall return it, with his
objections, to that House in which it shall have originated, who shall enter the
objections at large on their journal, and proceed to reconsider it. If, after such
reconsideration, two-thirds of that House shall agree to pass the bill, it shall be
sent, together with the objections, to the other House, by which it shall likewise
be reconsidered, and if approved by two-thirds of that House, it shall become a
law. But in all such cases the votes of both Houses shall be determined by yeas
and nays ; and the names of the persons voting for and against the bill, shall be
entered on the journal of each House respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like manner as if he had signed
it, unless the Congress by their adjournment, prevent its return; in which case,
it shall not be a law.

3. Every order, resolution or vote, to which the concurrence of the Senate
and House of Representatives may be necessary, (except on a question of adjourn-
ment) shall be presented to the President of the United States ; and before the
same shall take effect, shall be approved by him, or being disapproved by him, shall
be repassed by two-thirds of the Senate and House of Representatives, according
to the rules and limitations prescribed in the case of a bill.

SECTION VIII.

The Congress shall have power —

1. To lay and collect taxes, duties, imposts, and excises ; to pay the debts, and
provide for the common defence and general welfare of the United States ; but all
duties, imposts, and excises, shall be uniform throughout the United States :

2. To borrow money on the credit of the United States :

3. To regulate commerce with foreign nations, and among the several States,
and with the Indian tribes :

4. To establish an uniform rule of naturalization, and uniform laws on the
subject of bankruptcies throughout the United States :

5. To coin money, regulate the value thereof, and of foreign coin, and fix the
standard of weights and measures :

6. To provide for the punishment of counterfeiting the securities and current
coin of the United States :

7. To establish post offices and post roads :

8. To promote the progress of science and useful arts, by securing for limited
times, to authors and inventors, the exclusive right to their respective writings and
discoveries :

9. To constitute tribunals inferior to the Supreme Court: To define and punish
piracies and felonies committed on the high seas, and offences against the law of
nations :

10. To declare war, grant letters of marque and reprisal, and make rules con-
cerning captures on land and water :

11. To raise and support armies; but no appropriation of money to that use,
shall be for a longer term than two years :

12. To provide and maintain a navy:

13. To make rules for the government and regulation of the land and naval
forces :

14. To provide for calling forth the militia to execute the laws of the Union,
suppress insurrections, and repel invasions :

20 CONSTITUTION OF THE UNITED STATES.

15. To provide for organizing, arming and disciplining the militia, and for
governing such part of them as may be employed in the service of the United
States, reserving to the States respectively, the appointment of the officers, and
the authority of training the militia according to the discipline prescribed by Congress:

16. To exercise exclusive legislation in all cases whatsoever over such district
(not exceeding ten miles square) as may, by cession of particular States, and the
acceptance of Congress, become the seat of government of the United States, and
to exercise like authority over all places purchased, by the consent of the legisla-
ture of the State in which the same shall be, for the erection of forts, magazines,
arsenals, dock-yards, and other needful buildings : — and

17. To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers and all other powers vested by this constitution in
the o-overnment of the United States, or in any department or officer thereof.

SECTION IX.

1. The migration or importation of such persons as any of the States now
existing shall think proper to admit, shall not be prohibited by the Congress prior
to the year one thousand eight hundred and eight, but a tax or duty may be
imposed on such importation, not exceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be suspended, unless
when, in cases of rebellion or invasion, the public safety may require it.

3. No bill of attainder or ex post facto law, shall be passed.

4. No capitation or other direct tax shall be laid, unless in proportion to the
census or enumeration herein before directed to be taken.

5. No tax or duty shall be laid on articles exported from any State. No prefer-
ence shall be given by any regulation of commerce or revenue to the ports of one
State over those of another : nor shall vessels bound to or from one State be obliged
to enter, clear, or pay duties in another.

6. No money shall be drawn from the treasury, but in consequence of appro-
priations made by law : and a regular statement and account of the receipts and
expenditures of all public money shall be published from time to time.

7. No title of nobility shall be granted by the United States, and no person
holding any office of profit or trust under them, shall, without the consent of the
Cono-ress, accept of any present, emolument, office or title of any kind whatever,
from any king, prince, or foreign State.

section x.

1 . No State shall enter into any treaty, alliance or confederation ; grant letters
of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold
and. silver coin a tender in payment of debts ; pass any bill of attainder, ex post
facto law, or law impairing the obligation of contracts ; or grant any title of nobility.

2. No State shall, without the consent of the Congress, lay any imposts or duties
on imports or exports except what may be absolutely necessary for executing its
inspection laws ; and the nett produce of all duties and imposts, laid by any State
on imports or exports, shall be for the use of the treasury of the United States,
and all such laws shall be subject to the revision and control of the Congress. No
State shall, without the consent of Congress, lay any duty of tonnage, keep troops
or ships of war in time of peace, enter into any agreement or compact with
another State, or with a foreign power, or engage in war, unless actually invaded,
or in such imminent danger as will not admit of delay.

ARTICLE II.

SECTION I.

] . The executive power shall be vested in a President of the United States of
America. He shall hold his office during the term of four years, and together
with the Vice President, chosen for the same term, be elected as follows :

CONSTITUTION OF THE UNITED STATES. 21

2. Each State shall appoint, in such manner as the legislature thereof may-
direct, a number of electors, equal to the whole number of Senators and Repre-
sentatives to which the State may be entitled in the Congress ; but no Senator or
Representative, or person holding an office of trust or profit under the United
States, shall be appointed an elector.

3. [*The electors shall meet in their respective States, and vote by ballot for two
persons, of whom one at least shall not be an inhabitant of the same State with
themselves. And they shall make a list of all the persons voted for, and of the
number of votes for each ; which list they shall sign and certify, and transmit
sealed to the seat of government of the United States, directed to the President of
the Senate. The President of the Senate shall in the presence of the Senate and
House of Representatives, open all the certificates, and the votes shall then be
counted. The person having the greatest number of votes shall be the President,
if such number be a majority of the whole number of electors appointed ; and if
there be more than one who have such majority, and have an equal number of votes,
then the House of Representatives shall immediately choose, by ballot, one of
them for President ; and if no person have a majority, then from the five highest on
the list, the said House shall, in like manner choose the President. But in choosing
the President, the votes shall be taken by States, the representation from each
State having one vote: a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the States shall be
necessary to a choice. In every case, after the choice of the President, the person
having the greatest number of votes of the electors, shall be the Vice President.
But if there should remain two or more who have equal votes, the Senate shall
choose from them, by ballot, the Vice President.]

4. The Congress may determine the time of choosing the electors, and the day
on which they shall give their votes ; which day shall be the same throughout the
United States.

5. No person except a natural born citizen, or a citizen of the United States at
the time of the adoption of this constitution, shall be eligible to the office of
President ; neither shall any person be eligible to that office, who shall not have
attained to the age of thirty-five years, and been fourteen years a resident within,
the United States."

6. In case of the removal of the President from office, or of his death, resigna-
tion, or inability to discharge the powers and duties of the said office, the same
shall devolve on the Vice President, and the Congress may, by law, provide for
the case of removal, death, resignation, or inability, both of the President and Vice
President, declaring what officer shall then act as President, and such officer shall
act accordingly, until the disability be removed, or a President shall be elected.

7. The President shall, at stated times, receive for his services a compensation,
which shall neither be increased nor diminished during the period for which he
shall have been elected, and he shall not receive within that period any other
emolument from the United States or any of them.

8. Before he enters on the execution of his office, he shall take the following
oath or affirmation:

9. "I do solemnly swear (or affirm) that I will faithfully execute the office of
President of the United States, and will, to the best of my ability, preserve,
protect, and defend the constitution of the United States. "

SECTION II.

1. The President shall be commander-in-chief of the army and navy of the
United States, and of the militia of the several States, when called into the actual
service of the United States. He may require the opinion in writing of the
principal officer in each of the executive departments upon any subject relating to

♦Amended: — See amendments to the Constitution, Article XII.

-22 CONSTITUTION OF THE UNITED STATES.

the duties of their respective offices ; and he shall have power to grant reprieves
and pardons, for offences against the United States, except in cases of impeachment.

2. He shall have power, by and with the advice and consent of the Senate, to
make treaties, provided, two-thirds of the Senators present concur : and he shall
nominate, and by and with the advice and consent of the Senate, shall appoint
ambassadors, other public ministers and consuls, judges of the supreme court,
and all other officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law. But the Congress
may, by law, vest the appointment of such inferior officers, as they shall think pro-
per, in the President alone, in the courts of law, or in the heads of departments.

3. The President shall have power to fill up all vacancies that may happen
during the recess of the Senate, by granting commissions, which shall expire at the
end of their next session.

SECTION III.

1. He shall from time to time, give to the Congress information of the state of
the Union ; and recommend to their consideration such measures as he shall judge
necessary and expedient. He may, on extraordinary occasions, convene both
Houses, or eithe'r of them, and in case of disagreement between them, with respect
to the time of adjournment, he may adjourn them to such time as he shall think
proper. He shall receive ambassadors and other public ministers. He shall take
care that the laws be faithfully executed; and shall commission all officers of the
United States.

SECTION IV.

1. The President, Vice President, and all civil officers of the United States, shall
be removed from office, on impeachment for, and conviction of treason, bribery, or
other high crimes and misdemeanors.

ARTICLE III.

SECTION I.

L The judicial power of the United States shall be vested in one supreme court,
and in such inferior courts, as the Congress may, from time to time, ordain and
establish. The judges, both of the supreme and inferior courts, shall hold their
offices during good behavior; and shall, at stated times, receive for their services,
a compensation, which shall not be diminished during their continuance in office.

SECTION II.

1. The judicial power shall extend to all cases, in law and equity, arising under
this constitution, the laws of the United States, and treaties made, or which shall
be made, under their authority; to all cases, affecting ambassadors, other public
ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to
controversies to which the United States shall be a party ; to controversies between
two or more States ; between a State and citizens of another State ; between
citizens of different States ; between citizens of the same State, claiming lands under
grants of different States ; and between a State or the citizens thereof, and foreign
States, citizens or subjects.

2. In all cases, affecting ambassadors, other public ministers, and consuls, and
those in which a State shall be a party, the supreme court shall have original
jurisdiction. In all the other cases before mentioned, the supreme court shall have,
appellate jurisdiction, both as to law and fact, with such exceptions, and under
such regulations as the Congress shall make.

3. The trial of all crimes, except incases of impeachment, shall be by jury ;
and such trials shall be held in the State where the said crimes shall have been
committed ; but when not committed within any State, the trial shall be at such
place or places, as the Congress may by law have directed.

CONSTITUTION OF THE UNITED STATES. 23

SECTION III.

1. Treason against the United States shall consist only in levying war against
them, or in adhering to their enemies, giving them aid and comfort. No person
shall be convicted of treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.

2. The Congress shall have power to declare the punishment of treason; but no
attainder of treason shall work corruption of blood, or forfeiture except during
the life of the person attainted.

ARTICLE IV.

SECTION I.

1. Full faith and credit shall be given, in each State, to the public acts, records,
and judicial proceedings of every other State. And the Congress may, by general
laws, prescribe the manner in which such acts, records and proceedings shall be
proved, and the effect thereof.

SECTION II.

1. The citizens of each State shall be entitled to all privileges and immunities of
citizens in the several States.

2. A person charged in any State with treason, felony, or other crime, who
shall flee from justice, and be found in another State, shall, on demand of the exec-
utive authority of the State from which he fled, be delivered up, to be removed to
the State having jurisdiction of the crime.

3. No person held to service or labor in one State under the laws thereof,
escaping into another, shall, in consequence of any law or regulation therein, be
discharged from such service or labor ; but shall be delivered up on claim of the
party to whom such service or labor may be due.

SECTION III.

1. New States may be admitted by the Congress into this Union ; but no new
State shall be formed or erected within the jurisdiction of any other State, nor any
State be formed by the junction of two or more States, or parts of States, without
the consent of the legislatures of the States concerned, as well as of the Congress.

2. The Congress shall have power to dispose of, and make all needful rules
and regulations respecting the territory or other property belonging to the United
States ; and nothing in this constitution shall be so construed as to prejudice any
claims of the United States, or of any particular State.

SECTION IV.

1. The United States shall guaranty to every State in this Union a republican
form of government, and shall protect each of them against invasion; and on appli-
cation of the legislature, or of the executive (when the legislature cannot be
convened) against domestic violence.

ARTICLE V.

1. The Congress, whenever two-thirds of both Houses shall deem it necessary,
shall propose amendments to this constitution ; or, on the application of the legis-
latures of two-thirds of the several States, shall call a convention for proposing
amendments, which, in either case, shall be valid to all intents and purposes, as
part of this constitution, when ratified by the legislatures of three-fourths of the
several States, or by conventions in three-fourths thereof, as the one or the other
mode of ratification may be proposed by the Congress : Provided, That no amendment
which may be made prior to the year one thousand eight hundred and eight, shall
in any manner affect the first and fourth clauses in the ninth section of the first
article ; and that no State, without its consent, shall be deprived of its equal
suffrage in the Senate.

24

CONSTITUTION OF THE UNITED STATES.
ARTICLE VI.

1. All debts contracted, and engagements entered into, before the adoption of
this constitution, shall be as valid against the United States under this constitution,
as under the confederation.

2. This constitution, and the laws of the United States which shall be made in
pursuance thereof, and all treaties made, or which shall be made under the author-
ity of the United States, shall be the supreme law of the land; and the judges in
every State shall be bound thereby ; any thing in the constitution or laws of any
State to the contrary notwithstanding.

3. The Senators and Representatives before mentioned, and the members of the
several State Legislatures, and all executive and judicial officers, both of the
United States and of the several States, shall be bound by oath or affirmation, to
support this constitution : but no religious test shall ever be required as a qualifica-
tion to any office or public trust under the United States.

ARTICLE VII.

1. The ratification of the conventions of nine States, shall be sufficient for the
establishment of this constitution between the States so ratifying the same.

Done in convention, by the unanimous consent of the States present, the seven-
teenth day of September, in the year of our Lord, one thousand seven
hundred and eighty-seven, and of the Independence of the United States of
America, the twelfth. In witness whereof, we have hereunto subscribed
our names.

GEORGE WASHINGTON, President,

and deputy from Virginia.

New Hampshire,

JOHN LANGDON,
NICHOLAS GILMAN.

Massachusetts,

NATHANIEL GORHAM,
RUFUS KING.

Connecticut,

WILLIAM SAMUEL JOHNSON,
ROGER SHERMAN.

New York,

ALEXANDER HAMILTON.

New Jersey,

WILLIAM LIVINGSTON,
DAVID BREARLY,
WILLIAM PATTERSON,
JONATHAN DAYTON.

Pennsylvania,

BENJAMIN FRANKLIN,
THOMAS MIFFLIN,
ROBERT MORRIS,
GEORGE CLYMER,
THOMAS FITZSIMONS,
JARED INGERSOLL,
JAMES WILSON,
GOVERNEUR MORRIS.

Attest :

Delaware,

GEORGE READ,
GUNNING BEDFORD, Jr.,
JOHN DICKINSON,
RICHARD BASSETT,
JACOB BROOM.

Maryland,

JAMES M'HENRY,

DANIEL OF ST. THOMAS JENIFER,

DANIEL CARROLL.

Virginia,

JOHN BLAIR,
JAMES MADISON, Jr.

North Carolina,

WILLIAM BLOUNT,
RICHARD DOBBS SPAIGH1,
HUGH WILLIAMSON.

South Carolina,

J. RUTLEDGE,

CHAS. COTESWORTH PINCKNEY,

CHAS. PINCKNEY,

PIERCE BUTLER.

Georgia,

WILLIAM FEW,
AB'M. BALDWIN,

William Jackson, Secretary.

AMENDMENTS TO THE CONSTITUTION.

ARTICLE I.

Congress shall make no law respecting an establishment of religion, or prohibit-
ing the free exercise thereof; or abridging the freedom of speech, or of the press ;
or the right of the people peaceably to assemble, and to petition the government
for a redress of grievances.

ARTICLE II.

A well regulated militia being necessary to the security of a free State, the right
of the people to keep and bear arms shall not be infringed.

ARTICLE III.

No soldier shall, in time of peace, be quartered in any house without the consent
of the owner ; nor in time of war, but in a manner to be prescribed by law.

ARTICLE IV.

The right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall net be violated : and no warrants
shall issue, but upon probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be
seized.

ARTICLE V. x

No person shall be held to answer for a capital, or otherwise infamous crime,
unless on a presentment or indictment by a grand jury, except in cases arising in
the land or naval forces, or in the militia, when in actual service, in time of war
or public danger ; nor shall any person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be
a witness against himself, nor be deprived of life, liberty or property, without due
process of law; nor shall private property be taken for public use without just
compensation.

ARTICLE VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and
public trial, by an impartial jury of the State and district wherein the crime shall
have been committed, which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation ; to be confronted
with the witnesses against him ; to have compulsory process for obtaining wit-
nesses in his favor ; and to have the assistance of counsel for his defence.

ARTICLE VII.

In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved; and no fact tried by a jury
shall be otherwise re-examined in any court of the United States, than according
to the rules of the common law.

26 CONSTITUTION OF THE UNITED STATES.

ARTICLE VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.

ARTICLE IX.

The enumeration in the constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people.

ARTICLE X.

The powers not delegated to the United States by the constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the people.

ARTICLE XL

The judicial power of the United States shall not be construed to extend to any
suit in law or equity, commenced or prosecuted against one of the United States
by citizens of another State, or by citizens or subjects of any foreign State.

ARTICLE XII.

1. The electors shall meet in their respective States, and vote by ballot for
President and Vice President, one of whom at least, shall not be an inhabitant of
the same State with themselves ; they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as Vice Presi-
dent ; and they shall make distinct lists of all persons voted for as President, and
of all persons voted for as Vice President, and of the number of votes for each,'
which lists they shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the president of the Senate ; the
president of the Senate shall, in the presence of the Senate and House of Repre-
sentatives, open all the certificates, and the votes shall then be counted : the person
having the greatest number of votes for President, shall be the President, if such
number be a majority of the whole number of electors appointed; and if no person
have such majority, then from the persons having the highest numbers, not
exceeding three, on the list of those voted for as President, the House of Repre-
sentatives shall choose immediately, by ballot, the President. But in choosing
the President, the votes shall be taken by States, the representation from each
State having one vote ; a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the States shall be
necessary to a choice. And if the House of Representatives shall not choose a
President whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice President shall act as President, as in
the case of the death or other constitutional disability of the President.

2. The person having the greatest number of votes as Vice President, shall be
the Vice President, if such number be a majority of the whole number of electors
appointed ; and if- no person have a majority, then from the two highest numbers
on the list, the Senate shall choose the Vice President : a quorum for the pur-
pose shall consist of two-thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice.

3. But. no person constitutionally ineligible to the office of President shall be
eligible to that of Vice President of the United States.

7 •

[Note. — In former editions of the laws of Illinois, there is an amendment printed as article thirteen, pro-
hibiting citizens from accepting titles of nobility, &c.. from foreign governments. But by a message of the Presi-
dent of the United States of February 4, 1818, in answer to a resolution of the House of Representatives, it
appears that this amendment had been ratified by only twelve States, and therefore had not been adopted.
See vol. 4, of the printed papers of the first session of the 15th Congress, No. 76.]

AN ORDINANCE,

ACCEPTING CERTAIN PROPOSITIONS MADE BY CONGRESS,
APRIL 18, 1818.

Preamble.

Propositions of Congress : sixteenth section gran-
ted for schools :
Salt springs granted to the State :
Also, 5 per cent, on sales of public lands :

One township granted for seminary.

Lands sold to be exempt from taxation for five
years, bounty lands for three years ; non-resi-
dent lands not taxed higher than others.

Proposition of Congress accepted.

Whereas, the Congress of the United States, in the act entitled 'An act to
enable the people of the Illinois Territory to form a Constitution and State govern-
ment, and for the admission of such State into the Union on an equal footing with
the original States, passed the 18th of April, 1818," have offered to this Conven-
tion for their free acceptance or rejection, the following propositions, which, if
accepted by the Convention are to be obligatory upon the United States, viz:

1st. That section numbered sixteen in every township, and when such section
has been sold, or otherwise disposed of, other lands equivalent thereto, and as
contiguous as may be, shall be granted to the State for the use of the inhabitants
of such township for the use of schools :

2d. That all salt springs within such State, and the lands reserved for the use of
the same, shall be granted to the said State for the use of the said State, and the same
to be used under such terms and conditions and regulations as the Legislature of
said State shall direct : Provided, The legislature shall never sell nor lease the same
for a longer period than ten years at any one time :

3d. That five per cent, of the nett proceeds of the lands lying within such State,
and which shall be sold by Congress from and after the first day of January, one
thousand eight hundred and nineteen, after deducting all expenses incident to the
same, shall be reserved for the purposes following, viz: Two-fifths to be disbursed
under the direction of Congress, in making roads leading to the State ; the residue
to be appropriated by the Legislature of the State for the encouragement of learning,
of which one-sixth part shall be exclusively bestowed on a college or university:

4th. That thirty-six sections or one entire township, which shall be designated by
the President of the United States, together with the one heretofore reserved for
that purpose, shall be reserved for the use of a seminary of learning, and vested in
the Legislature of the said State, to be appropriated solely to the use of such semi-
nary by the said Legislature.

And whereas, the four foregoing propositions are offered on the condition that
this convention shall provide by ordinance, irrevocable without the consent of the
United States, that every and each tract of land sold by the United States, from and
after the first day of January, 1819, shall remain exempt from any tax laid by
order, or under the authority of the State, whether for State, county or township,
or any other purpose whatever, for the term of five years, from and after the day
of sale. And further, that the bounty lands granted, or hereafter to be granted for
military services during the late war, shall, while they continue to be held by the
patentees or their heirs, remain exempt as aforesaid from all taxes for the term of
three years from and after the date of the patents respectively ; and that all the
lands belonging to the citizens of the United States, residing without the said State
shall never be taxed higher than lands belonging to persons residing therein.

28 ORDINANCE.

Therefore, this convention, on behalf of, and by the authority of the people of
the State, do accept of the foregoing propositions ; and do further ordain and
declare, that every and each tract of land sold by the United States, from and after
the first day of January, 1819, shall remain exempt from any tax laid by order, or
under any authority of the State, whether for State, county, or township, or any
purpose whatever, for the term of five years from and after the day of sale. And
that the bounty lands granted, or hereafter to be granted, for military services
during the late war, shall, while they continue to be held by the patentees or their
heirs, remain exempt, as aforesaid, from all taxes for the term of three years from
and after the date of the patents respectively ; and that all the lands belonging to
the citizens of the United States, residing without the said State, shall never be
taxed higher than lands belonging to persons residing therein. And this convention
do further ordain and declare, that the foregoing ordinance shall not be revoked
without the consent of the United States.

Done in convention at Kaskaskia, the twenty-sixth day of August, in the year of
our Lord, one thousand eight hundred and eighteen, and of the Independence
of the United States of America, the forty-third.

JESSE B. THOMAS,
President of the Convention.

ATTEST :

WM. C. GREENUP,

Secretary of the Convention.

CONSTITUTION OP ILLINOIS.

Preamble.
Boundaries of the State.

ARTICLE I.
Section

1 . Distribution of powers.

2. Limitation of powers of each department.

ARTICLE II.

1. Legislative power vested in a General Assem-

bly; elective.

2. First election when to be held, and thereafter.

3. Qualifications of representatives.

4. Senators, how elected.

5. Number and apportionment of senators and rep-

resentatives.

6. Qualifications of senators.

7. The Houses to choose their officers ; to judge

of the qualifications of members ; adjourn-
ments ; quorum ; compel attendance of mem.
bers.

8. To keep and publish journals ; yeas and nays.

9. Dissent and protest of members.

10. Rules of proceeding; punishment and expul-

sion of members.

1 1 . Vacancies, writs of election to fill.

12. Privileges of members.

13. Power of Houses to punish for contempt.

14. Houses to sit with open doors, except, &c;

separate adjournments regulated.

15. Bills may originate in either House.

16. Bills to be read on three different days, unless

rule suspended; when passed, to be signed by
Speakers.

17. Enacting clause.

IS. Salaries limited ; of Governor, of Secretary of
State.

19. Members not eligible to offices created during

their term of membership.

20. No money drawn unless appropriated.

21. Publication of receipts and expenditures.

22. House of Representatives to impeach ; Senate

to try ; members sworn ; two-thirds must con-
cur to convict.

23. Officers liable to impeachment; extent of judg-

ment.

24. First session, when to be held, and thereafter.

25. Certain officers of this State and of United States

ineligible to a seat in either House.

26. Oaths of office ; and to support constitution.

27. Qualifications of voters.

28. Manner of voting.

29. Voters privileged from arrest vvliile at elections,

except, &c.

30. Power of General Assembly to exclude from

electoral privileges, for bribery, &c.

31. Census to be taken every fifth year after 1S20.

32. Revenue bills to originate in the House.

ARTICLE III.

1. Executive power vested in Governor.

2. First election, and thereafter ; Governor, how

chosen ; returns, how compared and published ;
if no choice, assembly to elect; contested
elections.

Section

3. Qualifications, and official term of Governor.

4. To communicate to General Assembly.
6. Power to pardon, &c.

6. His salary.

7. May call for information ; shall see laws exe-

cuted.

8. He may fill vacancies.

9. May convene General Assembly.

10. Shall be commander-in-chief of army, &c.

11. Sheriffs and coronors ; their qualifications and

terms of office.

12. If Houses of General Assembly disagree, Gov-

ernor may adjourn them.

13. Lieutenant Governor, how chosen ; his term and

Qualifications ; manner of voting for.

14. Shalt be Speaker of the Senate; may debate;

vote ; casting vote.

15. When he fills vacancy of Governor, Senate may

elect a Speaker who, if Lieutenant Governor is
disqualified, shall administer the Government.

16. Compensation of Lieutenant Governor.

17. Senate to be convened, if Lieutenant die or re-

move while acting as Governor.

18. If Governor is disqualified, Lieutenant Governor

to act, until next general election.
1 9. Council of Revision ; to revise bills ; if they
return bills without approval, they may be
passed by majority of all members elected.

20. Secretary of State, how appointed; his duties.

21. Treasurer and public printer, how elected.

22. Governor to appoint officers, &c.

ARTICLE IV.

1 . Judicial power ; how vested.

2. Supreme Court; where held; its jurisdiction.

3. How constituted.

4. Judges, how appointed; term of office; their

duties.

5. Judges of inferior courts ; term of office ; how

removed ; proviso ; salary.

6. Clerks of courts, how appointed.

7. Style and conclusion of process and prosecu-

tions.

8. Justices of the peace, how commissioned.

ARTICLE V.

1 . Militia, of what persons composed, &c.

2. Conscientious scruples, equivalent for exemp-

tion on account of.

3. Officers, how elected.

4. Brigadier and major generals, how elected.

5. Militia officers, how commissioned; term of

office.

6. Militia privileged from arrest in certain cases.

ARTICLE VI.

1 . Slavery and servitude ; provisions concerning.

2. Persons bound to labor in other States, not to be

hired in tliis State, except, &c. ; emancipation
effected by violation of this article.

3. Provisions concerning persons held by contract

or indentures, and their children.

30

CONSTITUTION OF ILLINOIS.

ARTICLE VII.
Section
1. Mode of amending this constitution, defined.
ARTICLE VIII.
Preamble.

1. Declaration of rights.

2. Power; government; its objects.

3. Religious freedom ; liberty of conscience.

4. No religious tests.

5. Elections to be free.

6. Trial by jury.

7. Security of persons and property from searches

and seizures.

8. Security of liberty and property; common lands;

proviso.

9. Criminal prosecutions ; rights of accused.

10. Proceedings by information not allowed, except,

&c.

11. No person twice tried for same offence; private

property not to be taken, except, &c.

12. Remedies; rights.

13. Bail; habeas corpus.

14. Penalties proportioned to offence.

15. Concerning imprisonment for debt.

16. Ex post facto law; contracts; corruption of

blood ; forfeiture of estate.

Section

17. Transportation forbidden.

18. Recurrence to fundamental principles necessary.

19. Right of people to instruct, petition, &c.

20. Mode of levying taxes.

21. Banks.

22. Freedom of the press, and of speech.

23. Truth may be given in evidence ; jury to de-

termine law and fact.

SCHEDULE.

1 . Change of government.

2. Fines, &c, due the Territory, belong to the State.

3. Defaulting sheriffs and collectors ineligible to

re-election.

4. County commissioners.

5. Oiticers of Territory to hold office until super-

ceded.

6. State seal.

7. Justice may administer official oaths.

8. Apportionment of Senators and Representatives.

9. First election, how conducted.

10. Auditor, Attorney General, &c, how appointed.

1 1 . Duelling.

12. Qualification of voters at first election.

13. Seat of Government.

14. Qualifications of Lieutenant Governor.

The people of the Illinois Territory, having the right of admission into the
General Government as a member of the Union, consistent with the Constitution of
the United States, the ordinance of Congress of 1787, and the law of Congress
approved, April 18th, 1818, entitled " An act to enable the people of the Illinois
Territory to form a constitution and State Government, and for the admission of
such State into the Union, on an equal footing with the original States, and for other
purposes ;" in order to establish justice, promote the welfare and secure the bles-
sings of liberty to themselves and their posterity, do by their representatives in
convention, ordain and establish the following Constitution or form of government ;
and do mutually agree with each other to form themselves into a free and inde-
pendent State by the name of the State of Illinois. And they do hereby ratify
the boundaries assigned to such State by the act of Congress aforesaid, which are as
follows, to wit: Beginning at the mouth of the Wabash river, thence up the same,
and with the line of Indiana to the north-west corner of said State ; thence east
with the line of the same State to the middle of Lake Michigan ; thence north
along the middle of said lake, to the north latitude forty-two degrees and thirty
minutes ; thence west to the middle of the Mississippi river ; and thence down
along the middle of that river to its confluence with the Ohio river ; and thence up
the latter river along its north-western shore to the beginning.

ARTICLE I.

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT.

Sec 1. The powers of the government of the State of Illinois, shall be divided
into three distinct departments, and each of them be confided to a separate body of
magistracy, to wit: Those which are legislative, to one ; those which are executive,
to another ; and those which are judiciary, to another.

Sec 2. No person or collection of persons, being one of those departments,
shall exercise any power properly belonging to either of the others, except as
hereinafter expressly directed or permitted.

ARTICLE II.

Sec 1. The legislative authority of this State, shall be vested in a General Assem-
bly which shall consist in a Senate and House of Representatives, both to be elected
by the people.

CONSTITUTION OF ILLINOIS. 31

Sec. 2. The first election for Senators and Representatives, shall commence on
the third Thursday of September next, and continue for that and the two succeeding
days ; and the next election shall be held on the first Monday in August, one thou-
sand eight hundred and twenty ; and forever after, elections shall be held once in
two years, on the first Monday of August, in each and every county, at such places
therein as may be provided by law.

Sec. 3. No person shall be a Representative who shall not have attained the age
of twenty-one years, who shall not be a citizen of the United States, and an inhab-
itant of this State : who shall not have resided within the limits of the county or
district in which he shall be chosen, twelve months next preceding his election, if
such county or district shall have been so long erected; but if not, then within the
limits of the county or counties, district or districts out of which the same shall
have been taken, unless he shall have been absent on the public business of the
United States or of this State ; and who moreover shall not have paid a State or
county tax.

Sec 4. The Senators at their first session herein provided for, shall be divided
by lot from their respective counties or districts, as near as can be, into two classes.
The seats of the Senators of the first class shall be vacated at the expiration of the
second year ; and those of the second class at the expiration of the fourth year, so
that one-half thereof, as near as possible, may be biennially chosen forever thereafter.
Sec 5. The number of Senators and Representatives shall, at the first session
of the General Assembly, holden after the returns herein provided for are made
be fixed by the General Assembly, and apportioned among the several counties or
districts to be established by law, according to the number of white inhabitants.
The number of Representatives shall not be less than twenty-seven, nor more than
thirty-six, until the number of inhabitants within this State shall amount to one
hundred thousand ; and the number of Senators shall never be less than one-third
nor more than one-half of the number of Representatives.

Sec 6. No person shall be a Senator who has not arrived at the age of twenty-
five years, who shall not be a citizen of the United States, and who shall not have
resided one year in the county or district in which he shall be chosen immediately
preceding his election, if such county or district shall have been so long erected ;
but if not, then within the limits of the county or counties, district or districts out of
which the same shall have been taken ; unless he shall have been absent on the
public business of the United States or of this State, and shall not moreover have
paid a State or county tax.

Sec 7. The Senate and House of Representatives, when assembled, shall each
choose a speaker and other officers : (the speaker of the Senate excepted:) each
House shall judge of the qualifications and elections of its members, and sit upon
its own adjournments. Two-thirds of each House shall constitute a quorum, but a
smaller number may adjourn from day to day, and compel the attendance of absent
members.

Sec 8. Each House shall keep a journal of its proceedings, and publish them :
the yeas and nays of the members, on any question, shall, at the desire of any two
of them, be entered on the journals.

Sec 9. Any two members of either House, shall have liberty to dissent and
protest against any act or resolution which they may think injurious to the public,
or to any individual, and have the reasons of their dissent entered on the journals.
Sec 10. Each House may determine the rules of its proceedings, punish its
members for disorderly behavior ; and with the concurrence of two-thirds, expel
a member, but not a second time for the same cause.

Sec 11. When vacancies happen in either House, the Governor, or the person
exercising the powers of Governor, shall issue writs of election to fill such
vacancies.

Sec 12. Senators and Representatives shall, in all cases, except treason, felony,
or breach of the peace, be privileged from arrest, during the session of the General
Assembly, and in going to, and returning from the same, and for any speech or
debate in either House, they shall not be questioned in any other place.

32 CONSTITUTION OF ILLINOIS.

Sec. 13. Each House may punish by imprisonment during its session, any
person not a member, who shall be guilty of disrespect to the House, by any dis-
orderly or contemptuous behavior in their presence ; provided such imprisonment
shall not at any one time exceed twenty -four hours.

Sec. 14. The doors of each House, and of committees of the whole, shall be
kept open, except in such cases as in the opinion of the House, require secrecy.
Neither House shall, without the consent of the other, adjourn for more than two
days, nor to any other place than that in which the two Houses shall be sitting.

Sec. 15. Bills may originate in either House, but may be altered, amended, or
rejected by the other.

Sec 16. Every bill shall be read on three different days in each House, unless
in case of urgency, three-fourths of the House where such bill is so depending
shall deem it expedient to dispense with this rule ; and every bill having passed
both Houses shall be signed by the Speakers of the respective Houses.

Sec. 17. The style of the laws of this State shall be, " Be it enacted by the
people of the State of Elinois, represented in the General Assembly. "

Sec. 18. The General Assembly of this State shall not allow the following
officers of government greater or smaller annual salaries than as follows, until the
year one thousand eight hundred and twenty-four : The Governor, one thousand
dollars ; and the Secretary of State, six hundred dollars.

Sec 19. No Senator or Representative shall, during the time for which he shall
have been elected, be appointed to any civil office under this State, which shall have
been created, or the emoluments of which shall have been increased during such
time.

Sec 20. No money shall be drawn from the treasury but in consequence of
appropriations made by law.

Sec 21. An accurate statement of the receipts and expenditures of the public
money, shall be attached to, and published with, the laws, at the rising of each
session of the General Assembly.

Sec 22. The House of Representatives shall have the sole power of impeaching,
but a majority of all the members present must concur in an impeachment; all
impeachments shall be tried by the Senate ; and when sitting for that purpose, the
Senators shall be upon oath or affirmation, to do justice according to law and
evidence. No person shall be convicted without the concurrence of two-thirds of
all the Senators present.

Sec 23. The Governor, and all other civil officers under this State, shall be
liable to impeachment for any misdemeanor in office; but judgment in such
cases shall not extend further than to removal from office, and disqualifica-
tion to hold any office of honor, profit or trust under this State. The party,
whether convicted or acquitted, shall nevertheless be liable to indictment, trial,
judgment and punishment according to law.

Sec 24. The first session of the General Assembly shall commence on the first
Monday of October next, and forever after, the General Assembly shall meet on
the first Monday in December next ensuing the election of the members thereof,
and at no other period, unless as provided by this Constitution.

Sec 25. No judge of any court of law or equity, Secretary of State, attorney
general, attorney for the State, register, clerk of any court of record, sheriff or
collector, member of either House of Congress, or person holding any lucrative
office under the United States or this State, (provided that appointments in the
militia, postmasters or justices of the peace shall not be considered lucrative offices)
shall have a seat in the General Assembly: nor shall any person holding any office
of honor or profit under the government of the United States, hold any office of
honor or profit under the authority of this State.

Sec 26. Every person who shall be chosen or appointed to any office of trust
or profit shall, before entering upon the duties thereof, take an oath to support the
constitution of the United States and of this State, and also an oath of office.

CONSTITUTION OF ILLINOIS. 33

Sec. 27. In all elections, all white male inhabitants above the age of twenty-one
years, having resided in the State six months next preceding the election, shall enjoy
the right of an elector ; but no person shall be entitled to vote except in the county
or district in which he shall actually reside at the time of the election.

Sec. 28. All votes shall be given viva voce until altered by the General
Assembly.

Sec 29. Electors shall, in all cases, except treason, felony, or breach of the
peace, be privileged from arrest during their attendance at elections, and in going to
and returning from the same.

Sec 30. The General Assembly shall have full power to exclude from the
privilege of electing or being elected any person convicted of bribery, perjury or
any other infamous crime.

Sec 31. In the year one thousand eight hundred and twenty, and every fifth year
thereafter, an enumeration of all the white inhabitants of the State shall be made in
such manner as shall be directed by law.

Sec 32. All bills for raising a revenue shall originate in the House of Repre-
sentatives, subject, however, to amendment, or rejection as in other cases.

ARTICLE III.

Sec 1. The executive power of the State shall be vested in a Governor.

Sec 2. The first election of Governor shall commence on the third Thursday of
September next, and continue for that and the two succeeding days ; and the next,
election shall be held on the first Monday of August, in the year of our Lord one
thousand eight hundred and twenty -two. And forever after, elections for Governor
shall be held once in four years, on the first Monday of August. The Governor
shall be chosen by the electors of the members of the General Assembly, at the
same places and in the same manner that they shall respectively vote for members
thereof. The returns for every election of Governor shall be sealed up and trans-
mitted to the seat of government by the returning officers, directed to the Speaker
of the House of Representatives, who shall open and publish them in the presence
of a majority of the members of each House of the General Assembly. The person
having the highest number of votes shall be Governor ; but if two or more be equal
and highest in votes, then one of them shall be chosen Governor by joint ballot of
both Houses of the General Assembly. Contested elections shall be determined bv
both Houses of the General Assembly in such manner as shall be prescribed by law.

Sec 3. The first Governor shall hold his office until the first Monday of
December, in the year of our Lord one thousand eight hundred and twenty-two,
and until another Governor shall be elected and qualified to office : and forever
after, the Governor shall hold his office for the term of four years, and until
another Governor shall be elected and qualified ; but he shall not be eligible for
more than four years in any term of eight years. He shall be at least thirty years
of age, and have been a citizen of the United States thirty years ; two years of
which next preceding his election he shall have resided within the limits of this
State.

Sec 4. He shall, from time to time, give the General Assembly information of
the state of the government, and recommend to their consideration such measures
as he shall deem expedient.

Sec 5. He shall have power to grant reprieves and pardons after conviction,
except in cases of impeachment.

Sec 6. The Governor shall, at stated times, receive a sahry for his services,
which shall neither be increased nor diminished during the term for which he shall
have been elected.

Sec 7. He may require information in writing from the officers in the executive
department, upon any subject relating to the duties of their respective offices, and
shall take care that the laws be faithfully executed.

Sec 8. When any officer, the right of whose appointment is, I y this constitution,
vested in the General Assembly, or in the Governor and Senate, shall, during the
o

34 CONSTITUTION OF ILLINOIS.

recess, die, or his office by any means become vacant, the Governor shall have
power to till such vacancy, by granting a commission, which shall expire at the end
of the next session of the General Assembly.

Sec. 9. He may, on extraordinary occasions, convene the General Assembly
by proclamation, and shall state to them when assembled, the purpose for which
they shall have been convened.

Sec 10. He shall be commander-in-chief of the army and navy of this State,
and of the militia, except when they shall be called into the service of the United
States.

Sec 11. There shall be elected in each and every county in the said State, by
those who are qualified to vote for members of the General Assembly, and at the
same times and places where the election for such members shall be held, one
sheriff and one coroner, whose election shall be subject to such rules and regula-
tions as shall be prescribed by law. The said sheriffs and coroners respectively,
when elected, shall continue in office two years, be subject to removal and disqual-
(ication, and such other rules and regulations as may be, from time to time pre-
scribed by law.

Sec 12. In case of disagreement between the two Houses with respect to the
time of adjournment, the Governor shall have power to adjourn the General
Assembly, to such time as he thinks proper, provided it be not a period beyond the
next constitutional meeting of the same.

Sec 13. A Lieutenant Governor shall be chosen at every election for Governor,
in the same manner, continue in office for the same time, and possess the same
qualifications. In voting for Governor and Lieutenant Governor, the electors shall
distinguish whom they vote for as Governor, and whom as Lieutenant Governor.

Sec 14. He shall by virtue of his office be speaker of the Senate, have a right,
when in committee of the whole, to debate and vote on all subjects ; and whenever
the Senate are equally divided, to give the casting vote.

Sec 15. Whenever the government shall be administered by the Lieutenant
Governor, or he shall be unable to attend as speaker of the Senate, the Senators
shall elect one of their own members as speaker for that occasion ; and if, during
the vacancy of the office of Governor, the Lieutenant Governor shall be impeached,
removed from office, refuse to qualify, or resign, or die, or be absent from the State,
the speaker of the Senate shall in like manner administer the government.

Sec 16. The Lieutenant Governor, while he acts as speaker of the Senate,
shall receive for his services, the same compensation, which shall, for the same
period be allowed to the speaker of the House of Representatives and no more ;
and during the time he administers the government as Governor, he shall receive
the same compensation which the Governor would have received had he been
employed in the duties of his office.

Sec 17. If the Lieutenant Governor shall be called upon to administer the
government, and shall, while in such administration resign, die or be absent from
the State during the recess of the General Assembly, it shall be the duty of the
Secretary for the time being, to convene the Senate for the purpose of choosing a
speaker.

Sec 18. In case of an impeachment of the Governor, his removal from office,
death, refusal to qualify, resignation or absence from the State, the Lieutenant
Governor shall exercise all the power and authority appertaining to the office of
Governor, until the time pointed out by this constitution for the election of Gover-
nor shall arrive, unless the General Assembly shall provide by law for the election
of a Governor to fill such vacancy.

Sec 19. The Governor, for the time being, and the Judges of the Supreme
Court or a major part of them, together with the Governor, shall be and are hereby
constituted a council to revise all bills about to be passed into laws by the General
Assembly ; and for that purpose shall assemble themselves from time to time when
the General Assembly shall be convened; for which nevertheless they shall not
receive any salary or consideration under any pretence whatever ; and all bills

CONSTITUTION OF ILLINOIS. 35

which have passed the Senate and House of Representatives shall, before they
become laws, be presented to the said council for their revisal and consideration:
and if, upon such revisal and consideration, it should appear improper to the said
council or a majority of them, that the bill should become a law of this State, they
shall return the same, together with their objections thereto in writing to the
Senate or House of Representatives (in whichsoever the same shall have ori°-m-
ated) who shall enter the objections set down by the Council at large in their
minutes, and proceed to re-consider the said bill. But if, after such re-considera-
tion, the said Senate or House of Representatives shall, notwithstanding the said
objections, agree to pass the same by a majority of the whole number of members
elected, it shall, together with the said objections, be sent to the other branch of
the General Assembly, where it shall also be reconsidered; and if approved by a
majority of all the members elected, it shall become a law. If any bill shall not be
returned within ten days after it shall have been presented, the same shall be a law,
unless the General Assembly shall, by their adjournment, render a return of the
said bill in ten days impracticable ; in which case, the said bill shall be returned on
the first day of the meeting of the General Assembly, after the expiration of the
said ten days, or be a law.

Sec. 20. The Governor shall nominate, and by and with the advice and consent
of the Senate, appoint a Secretary of State, who shall keep a fair register of the
official acts of the Governor, and when required, shall lay the same and all papers,
minutes and vouchers relative thereto, before either branch of the General Assemblv.
and shall perform such other duties as shall be assigned him by law.

Sec 21. The State Treasurer and Public Printer or Printers for the State shall
be appointed biennially by the joint vote of both branches of the General Assembly :
Provided, That during the recess of the same, the Governor shall have power to
fill such vacancies as may happen in either of said offices.

Sec. 22. The Governor shall nominate, and by and with the advice and consent of
the Senate, appoint all officers whose offices are established by this constitution, or
shall be established by law, and whose appointments are not herein otherwise pro-
vided for : Provided however, That inspectors, collectors and their deputies, sur-
veyors of the highways, constables, jailers and such inferior officers whose
jurisdiction may be confined within the limits of the county, shall be appointed in
such manner as the General Assembly shall prescribe.

ARTICLE IV.

Sec. 1. The judicial power of this State shall be vested in one Supreme Court,
and such inferior courts as the General Assembly shall, from time to time, ordain
and establish.

Sec 2. The Supreme Court shall be holden at the Seat of Government, and
shall have an appellate jurisdiction only, except in cases relating to the revenue, in
cases of mandamus, and in such cases of impeachment as may be required to be
tried before it.

Sec 3. The Supreme Court shall consist in a Chief Justice and three associates
any two of whom shall form a quorum. The number of justices may, however,
be increased by the General Assembly after the year one thousand eight hundred
and twenty-four.

Sec 4. The Justices of the Supreme Court and the judges of the inferior courts
shall be appointed by joint ballot of both branches of the General Assembly, and
commissioned by the Governor, and shall hold their offices during good behavior
until the end of the first session of the General Assembly, which shall be begun
and held after the first day of January, in the year of our Lord one thousand eight
hundred and twenty-four, at which time their commissions shall expire : and until
the expiration of which time, the said justices, respectively, shall hold circuit courts
in the several counties, in such manner and at such times, and shall have and

36 CONSTITUTION OF ILLINOIS.

exercise such jurisdiction as the General Assembly shall by law prescribe. But
ever after the aforesaid period, the Justices of the Supreme Court shall be com-
missioned during good behavior, and the justices thereof shall not hold circuit
courts unless required by law.

Sec. 5. The judges of the inferior courts shall hold their offices during good
behavior, but for any reasonable cause, which shall not be sufficient ground for
impeachment, both the judges of the supreme and inferior courts, shall be removed
from office on the address of two-thirds of each branch of the General Assembly :
Provided always, That no member of either House of the General Assembly, nor
any person connected with a member by consanguinity, or affinity, shall be appointed
to fill the vacancy occasioned by such removal. The said Justices of the Supreme
Court, during their temporary appointments, shall receive an annual salary of one
thousand dollars, payable quarter-yearly out of the public treasury. The judges
of the inferior courts, and the justices of the Supreme Court who may be appointed
after the end of the first session of the General Assembly, which shall be begun
and held after the first day of January, in the year of our Lord one thousand eight
hundred and twenty -four, shall have adequate and competent salaries, which shall
not be diminished during their continuance in office.

Sec 6. The Supreme Court, or a majority of the justices thereof, the circuit
courts, or the justices thereof, shall, respectively, appoint their own clerks.

Sec. 7. All process, writs and other proceedings shall run in the name of " The
People of the State of Illinois.'''' All prosecutions shall be carried on " In the name
and by the authority of the People of the State of Illinois, " and conclude, " against
the peace and dignity of the same. "

Sec 8. A competent number of justices of the peace shall be appointed in each
county in such manner as the General Assembly may direct, whose time of service,
power, and duties shall be regulated and defined by law. And justices of the
peace, when so appointed, shall be commissioned by the Governor.

ARTICLE V.

Sec 1. The militia of the State of Illinois shall consist of all free male able-
bodied persons, negroes, mulattoes and Indians excepted, resident of the State,
between the ages of eighteen and forty-five years, except such persons as now are,
or hereafter may be exempted by the laws of the United States or of this State,
and shall be armed, equipped, and trained as the General Assembly may provide
by law.

Sec 2. No person or persons, conscientiously scrupulous of bearing arms shall
be compelled to do militia duty in time of peace, provided such person or persons
shall pay an equivalent for such exemption.

Sec 3. Company, battalion and regimental officers, staff officers excepted, shall
be elected by the persons composing their several companies, battalions and
regiments.

Sec 4. Brigadier and Major Generals shall be elected by the officers of their
brigades and divisions respectively.

Sec 5. All militia officers shall be commissioned by the Governor, and may
hold their commissions during good behavior, or until they arrive at the age of
sixty years.

Sec 6. The militia shall, in all cases, except treason, felony or breach of the
peace, be privileged from arrest during their attendance at musters and elections of
officers, and in going to and returning from the same.

CONSTITUTION OF ILLINOIS. 37

ARTICLE VI.

Sec. 1. Neither slavery nor involuntary servitude shall hereafter be introduced
into this State, otherwise than for the punishment of crimes, whereof the party
shall have been duly convicted ; nor shall any male person, arrived at the age of
twenty-one years, nor female person, arrived at the age of eighteen years, be held
to serve any person as a servant, under any indenture hereafter made, unless such
person shall enter into such indenture while in a state of perfect freedom, and on
condition of a bona fide consideration received or to be received for their service.
Nor shall any indenture of any negroe or mulatto hereafter made and executed out
of this State, or if made in this State,- where the term of service exceeds one year,
be of the least validity, except those given in cases of apprenticeship.

Sec. 2. No person bound to labor in any other State, shall be hired to labor in
this State, except within the tract reserved for the salt works near Shawneetown ;
nor even at that place for a longer period than one year at any one time ; nor shall
it be allowed there after the year one thousand eight hundred and twenty-five :
any violation of this article shall effect the emancipation of such person from his
obligation to service.

Sec 3. Each and every person who has been bound to service by contract or
indenture in virtue of the laws of the Illinois territory heretofore existing, and in
conformity to the provisions of the same, without fraud or collusion, shall be held
to a specific performance of their contracts or indentures ; and such negroes and
mulattoes as have been registered in conformity with the aforesaid laws, shall serve
out the time appointed by said laws : Provided however. That the children hereafter
born of such person, negroes or mulattoes, shall become free, the males at the age
of twenty-one years, the females at the age of eighteen years. Each and every
child born of indentured parents, shall be entered with the clerk of the county in
which they reside, by their owners, within six months after the birth of said child.

ARTICLE VII.

Sec 1. Whenever two-thirds of the General Assembly shall think it necessary
to alter or amend this constitution, they shall recommend to the electors at the next
election of members to the General Assembly, to vote for or against a convention;
and if it shall appear that a majority of all the citizens of the State voting for
representatives have voted for a convention, the General Assembly shall, at their
next session, call a convention, to consist of as many members as there may be in
the General Assembly; to be chosen in the same manner, at the same place and
by the same electors that choose the General Assembly, and which convention shall
meet within three months after the said election, for the purpose of revising, alter-
ing or amending this constitution.

ARTICLE VIII.

That the general, great and essential principles of liberty and free government
may be recognized and unalterably established, we declare :
Sec 1. That all men are born equally free and independent, and have certain
inherent and indefeasible rights ; among which are those of enjoying and defending
life and liberty, and of acquiring, possessing and protecting property and reputation,
and of pursuing their own happiness.

Sec 2. That all power is inherent in the people, and all free governments are
founded on their authority and instituted for their peace, safety, and happiness.

Sec 3. That all men have a natural and indefeasible right to worship Almighty
God according to the dictates of their own consciences ; that no man can of right
be compelled to attend, erect or support any place of worship, or to maintain any
ministry against his consent ; that no human authority can in any case whatever

38 CONSTITUTION OF ILLINOIS.

control or interfere with the rights of conscience ; and that no preference shall
ever be o-iven by law to any religious establishments or modes of worship.

Sec. 4. That no religious test shall ever be required as a qualification to any
office or public trust under this State.

Sec 5. That elections shall be free and equal.
Sec. 6. That the right of the trial by jury shall remain inviolate.
Sec. 7. That the people shall be secure in their persons, houses, papers, and
possessions, from unreasonable searches and seizures ; and that general warrants
whereby an officer may be commanded to search suspected places without evidence
of the fact committed, or to seize any person or persons not named, whose
offences are not particularly described and supported by evidence, are dangerous
to liberty, and ought not to be granted.

Sec. 8. That no freeman shall be imprisoned or disseized of his freehold,
liberties or privileges, or outlawed or exiled, or in any manner deprived of his
life, liberty or property, but by the judgment of his peers or the law of the land.
And all lands which have been granted as a common to the inhabitants of any
town, hamlet, village or corporation, by any person, body politic or corporate, or .
by any government having power to make such grant, shall forever remain common
to the inhabitants of such town, hamlet, village or corporation : and the said
commons shall not be leased, sold or divided under any pretence whatever:
Provided, however, That, nothing in this section shall be so construed as to affect
the commons of Cahokia or Prairie du Pont : Provided, also, That the General
Assembly shall have power and authority to grant the same privileges to the in-
habitants of the said villages of Cahokia and Prairie du Pont as are hereby
granted to the inhabitants of other towns, hamlets and villages.

Sec 9. That in all criminal prosecutions, the accused hath a right to be heard
by himself and counsel ; to demand the nature and cause of the accusation against
him ; to meet the witnesses face to face ; to have compulsory process to compel the
attendance of witnesses in his favor. And in prosecutions by indictment or infor-
mation, a speedy public trial by an impartial jury of the vicinage: and that he shall
not be compelled to give evidence against himself.

Sec 10. That no person shall, for any indictable offence, be proceeded against
criminally by information, except in cases arising in the land or naval forces, or
the militia when in actual service, in time of war or public danger, by leave of the
courts, for oppression or misdemeanor in office.

Sec 11. No person shall, for the same offence, be twice put in jeopardy of his
life or limb; nor shall any man's property be taken or applied to public use,
without the consent of his representatives in the General Assembly, nor without
just compensation being made to him.

Sec 12. Every person within this State ought to find a certain remedy in the
laws, for all injuries or wrongs which he may receive in his person, property or
character ; he ouo-ht to obtain right and justice freely, and without being obliged to
purchase it, completely and without denial, promptly and without delay, comforma-
biy to the laws.

• Sec 13. That all persons shall be bailable by sufficient sureties, unless for
capital offences, where the proof is evident or the presumption great ; and the
privilege of the writ of habeas corpus shall not be suspended, unless when in
cases of rebellion or invasion, the public safety may require it.

Sec 14. All penalties shall be proportioned to the nature of the offence, the
true design of all punishment being to reform, not to exterminate mankind.

Sec 15. No person shall be imprisoned for debt, unless upon refusal to deliver
up his estate for the benefit of his creditors, in such manner as shall be pres-
cribed by law, or in cases where there is strong presumption cf fraud.

Sec 16. No ex post facio law, nor any law impairing the validity of contracts
shall ever be made ; and no conviction shall work corruption of blood or for-
feiture of estate.

SCHEDULE. 3«j

Sec. 17. That no person shall be liable to be transported out this of State for
any offence committed within the same.

Sec. 18. That a frequent recurrence of the fundamental principles of civil
government is absolutely necessary to preserve the blessings of liberty.

Sec. 19. That the people have a right to assemble together in a peaceable man-
ner to consult for their common good, to instruct their representatives, and to
apply to the General Assembly for redress of grievances.

Sec 20. That the mode of levying a tax shall be by valuation, so that every
person shall pay a tax in proportion to the value of the property he or she has in
his or her possession.

Sec 21. That there shall be no other banks or monied institutions in this State
but those already provided by law, except a State bank and its branches, which
may be established and regulated by the General Assembly of the State as they
may think proper.

Sec 22. The printing presses shall be free to every person, who undertakes to
examine the proceedings of the General Assembly or of any branch of government;
and no law shall ever be made to restrain the right thereof. The free communi-
cation of thoughts and opinions is one of the invaluable rights of man, and every
citizen may freely speak, write, and print on any subject, being responsible for the
abuse of that liberty.

Sec 23. In prosecutions for the publication of papers investigating the official
conduct of officers, or of men acting in a public capacity, or where the matter
published is proper for public information, the truth thereof may be given in
evidence. And in all indictments for libels the jury shall have the right of de-
termining both the law and the fact, under the direction of the court as in other
cases.

SCHEDULE.

Sec 1. That no inconveniences may arise from the change of a territorial to
a permanent State government, it is declared by the convention, that all rights,
suits, actions, prosecutions, claims and contracts, both as it respects individuals
and bodies corporate, shall continue as if no change had taken place in this govern-
ment in virtue of the laws now in force.

Sec 2. All fines, penalties and forfeitures due and owing to the territory of
Illinois shall enure to the use of the State. All bonds executed to the Governor,
or to any other officer in his official capacity in the territory, shall pass over to the
Governor or to the officers of the State, and their successors in office, for the use
of the State by him or by them to be respectively assigned over to the use of those
concerned, as the case may be.

Sec 3. No sheriff or collector of public moneys, shall be eligible to any office
in this State, until they have paid over according to law, all moneys which they
may have collected by virtue of their respective offices.

Sec 4. There shall be elected in each county three county commissioners for
the purpose of transacting all county business, whose time of service, power and
duties shall be regulated and defined by law.

Sec 5. The Governor, Secretary, and judges, and all other officers under the
territorial government shall continue in the exercise of the duties of their respec-
tive departments until the said officers are superseded under the authority of this
constitution.

Sec 6. The Governor of this State shall make use of his private seal, until a
State seal shall be provided.

40 SCHEDULE.

Sec. 7. The oaths of office herein directed to be taken, may be administered by
any justice of the peace until the General Assembly shall otherwise direct.

Sec. 8. Until the first census shall be taken as directed by this constitution, the
county of Madison shall be entitled to one Senator and three Representatives ;
the county of St. Clair, to one Senator and three Representatives ; the county of
Bond, to one Senator and one Representative; the county of Washington, to one
Senator and one Representative ; the county of Monroe, to one Senator and one
Representative ; the county of Randolph, to one Senator and two Representatives ;
the county of Jackson, to one Senator and one Representative ; the counties of
Johnson and Franklin, to form one Senatorial district, and to be entitled to one
Senator, and each county to one Representative ; the county of Union, to one
Senator, and two Representatives ; the county of Pope, to one Senator and two
Representatives ; the county of Gallatin, to one Senator and three Representatives;
the county of White, to one Senator and three Representatives ; the county of
Edwards, to one Senator and two Representatives ; and the county of Crawford, to
one Senator and two Representatives.

Sec 9. The President of the convention shall issue writs of election, directed
to the several sheriffs of the several counties, or in case of the absence or disa-
bility of any sheriff, then to the deputy sheriff, and in case of the absence or
disability of the deputy sheriff, then such writ to be directed to the coroner,
requiring them to cause an election to be held for Governor, Lieutenant Governor,
representative to the present Congress of the United States, and members to the
General Assembly, and sheriffs and coroners in the respective counties ; such
election to commence on the third Thursday of September next, and to continue for
that and the two succeeding1 days ; and which election shall be conducted in the
manner prescribed by the existing election laws of the Illinois territory ; and the
said Governor, Lieutenant Governor, members of the General Assembly, sheriffs
and coroners, then duly elected, shall continue to exercise the duties of their res-
pective offices for the time prescribed by this constitution, and until their successor
or successors are qualified, and no longer.

Sec 10. An auditor of public accounts, an attorney general, and such other
officers for the State as may be necessary, may be appointed by the General
Assembly, whose duties may be regulated by law.

Sec 11. It shall be the duty of the General Assembly to enact such laws as
may be necessary and proper to prevent the practice of duelling.

Sec 12. All white male inhabitants above the age of twenty-one years, who
shall be actual residents of this State, at the signing of this constitution, shall have
a right to a vote at the election to be held on the third Thursday and the two
following days of September next.

Sec 13. The seat of government for the State shall be at Kaskaskia until the
General Assembly shall otherwise provide. The General Assembly, at their first
session holden under the authority of this constitution, shall petition the Congress
of the United States, to grant to this State a quantity of land, to consist of not
more than four, nor less than one section, or to give to this State the right of pre-
emption in the purchase of the said quantity of land. The said land to be situate
on the Kaskaskia river, and as near as may be, east of the third principal meridian
on said river. Should the prayer of such petition be granted, the General Assem-
bly, at their next session thereafter, shall provide for the appointment of five
commissioners to make the selection of said land so granted ; and shall further
provide for laying out a town upon the land so selected; which town, so laid out,
shall be the seat of Government of this State for the term of twenty years. Should
however, the prayer of said petition not be granted, the General Assembly shall
have power to make such provisions for a permanent seat of government as may
be necessary, and shall fix the same where they may think best.

Sec 14. Any person of thirty years of age who is a citizen of the United
States and has resided within the limits of this State two years next preceding his
election, shall be eligible to the office of Lieutenant Governor — any thing in the

SCHEDULE.

41

thirteenth section of the third article of this constitution contained to the contrary
notwithstanding.

o

Done in convention at Kaskaskia, the twenty-sixth day of August, in the year
of our Lord, one thousand eight hundred and eighteen, and of the Indepen-
dence of the United States of America, the forty-third.

In testimony whereof, we have hereunto subscribed our names.

JESSE B. THOMAS,

President of the Convention,

and representative from the county of St. Clair.

St. Clair county,

JOHN MESSINGER,
JAMES LEMEN, Jit.

Randolph county,

GEORGE FISHER,
ELIAS KENT KANE.

Madison county,

B. STEPHENSON,
JOSEPH BOROUGH,
ABRAHAM PRICKETT.

Gallatin county,

MICHAEL JONES,

LEONARD WHITE,

ADOLPHUS FREDERICK HUBBARD.

Johnson county,

HEZEKIAH WEST,
WILLIAM M'FATRIDGE.

Edwards county,

SETH GARD,
LEVI COMPTON.

White county,

WILLIS HARGRAVE,
WILLIAM M' HENRY.

Monroe county,

CALDWELL CARNS,
ENOCH MOORE.

Pope county,

SAMUEL OMELVENY,

HAMLET FERGUSON.

Jackson county,

CONRAD WILL,
JAMES HALL, Jr.

Crawford county,

JOSEPH KITCHELL,
ED. N. CULLOM.

Bond county,

THOMAS KIRKPATRICK,
SAMUEL G. MORSE.

Union county,

WILLIAM ECHOLS,
JOHN WHITEAKER.

Washington county,

ANDREW BANKSON.

Franklin county,

ISHAM HARRISON,
THOMAS ROBERTS.

ATTEST :

WM. C. GREENUP,

Secretary to the Convention.

RESOLUTION,

DECLARING THE ADMISSION OF THE STATE OF ILLINOIS INTO

THE UNION.

Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That whereas, in pursuance of an act of Congress,
passed on the eighteenth day of April, one thousand eight hundred and eighteen,
entitled "An act to enable the people of the Illinois Territory to form a constitution
and State government, and for the admission of such State into the Union, on an
equal footing with th^e original States," the people of said Territory did, on the
twenty-sixth day of August, in the present year, by a convention called for that
purpose, form for themselves a constitution and State government, which constitu-
tion and State government, so formed, is republican, and in conformity to the prin-
ciples of the articles of compact between the original States and the people and
States in the territory north-west of the river Ohio, passed on the thirteenth day
of July, one thousand seven hundred and eighty-seven : Resolved by the Senate and
House of Representatives of the United States of America in Congress assembled,
That the State of Illinois shall be one, and is hereby declared to be one, of the
United States of America, and admitted into the Union on an equal footing with
the original States, in all respects whatever.

Approved: December 3, 1818.

REVISED STATUTES.

AN ACT

For revising and consolidating the general statutes of the State of Illinois.

Whereas, it is expedient that the general statutes of this State should be con-
solidated, and arranged in appropriate chapters and sections ; that omissions should
be supplied, and defects amended ; and that the whole should be rendered plain,
concise and intelligible : Therefore,

Be it enacted by the People of the State of Illinois, represented in the General
Assembly, in manner following, that is to say:

CHAPTER I.

ABATEMENT.

Section

1 . Pleas in abatement to be sworn to.

2. Full costs on overruling plea in.

8. Non-joinder of one of a company, &c, not to
abate suit ; but defendant brought in by sum-
mons.

4. What proceedings, when defendant not found ;

no other plea in abatement allowed.

5. Marriage of feme sole plaintiff not to abate suit,

but husband made a party.

6. Marriage of feme sole defendant.

T. Death of sole plaintiff, not to abate action;
when and how to proceed.

8. Death of sole defendant; how to proceed in

case of.

9. Death of co-plaintiff or co-defendant, not to

abate action; how to proceed in case of.

Section

10. When plaintiff or defendant, who is executor ot

administrator, shall die, how to proceed.

1 1 . When plaintiff, being a public officer or trustee,

shall die, &.c, how to proceed.

12. Proceedings for partition of lands not to abate

by death of parties — proceedings in such
cases.

13. Suit in the name of one, for another's use, not

to abate by death, &c; proceedings in such
cases.

14. The provisions of this chapter to extend to pro-

ceedings in equity, to appeals, &c.

15. Orders of court to bring in or substitute parties,

how to be made ; and writs of scire facias ,
how issued; within what time such writs
shall be sued out.

Section 1. No plea in abatement, other than a plea to the jurisdiction of the
court, or when the matters relied upon to establish the truth of such plea appear of
record, shall be admitted or received, by any court of this State, unless the party
offering the same, or some other person for him, file an affidavit of the truth
thereof.

Sec. 2. When a plea in abatement shall be adjudged insufficient, by the courts
the plaintiff shall recover full costs, to the time of overruling such plea.

Sec 3. When one or more of the persons composing any company or association'
of individuals, shall be sued, and the person or persons so sued, shall plead in
abatement, that all the persons who should have been made defendants, are not
joined in the suit, such suit shall not for that cause, abate, if the plaintiff or plain-
tiffs forthwith sue out a scire facias against the persons named in such plea ; and

44 ABATEMENT.

on the return of such scire facias, the names of the persons named in such plea
may be inserted in the declaration, and the suit shall proceed in all respects there-
after, as if the persons named in such plea, had been named in the original suit.

Sec. 4. If the persons named in such plea cannot be served with process, the
plaintiff or plaintiffs, on the return of such summons, may suggest on the record the
names of those not served, and proceed as in other cases in which service is made on
part of the defendants only : and no other plea in abatement for non-joinder of
defendants, shall be allowed in the same case.

Sec. 5. No action or complaint, in law or equity, commenced by a feme sole,
shall abate on account of her intermarriage before final judgment : Provided, The
husband shall appear and cause such marriage to be suggested on the record, and
himself made a party in the suit ; after which the suit may proceed in the same
manner as if commenced after such marriage.

Sec. 6. If a feme sole defendant intermarry before final judgment or decree, the
action shall not thereby abate, but the husband, on his own application, or on that
of the plaintiff, and due notice thereof given, may, by order of the court be made a
party to the suit ; and the suit shall then proceed as in other cases.

Sec 7. When there is but one plaintiff in an action, and he shall die before final
judgment, such action shall not thereby abate, if the cause of action survive to
the heirs, devisees, executors or administrators of such plaintiff, but any of such,
to whom the cause of action shall survive, may, by suggesting such death on the
record, be substituted as plaintiff or plaintiffs therein, and prosecute the same as
in other cases.

Sec. 8. When there is but one defendant in an action, and he shall die before
final judgment, such action shall not thereby abate, if it might be originally prose-
cuted against the heirs, devisees, executors or administrators of such defendant ; but
the plaintiff may suggest such death on the record, and shall, by order of the court,
have summons against such person or persons, requiring him or them to appear
and defend the action, after which such suit shall proceed to final judgment accord-
ing to law.

Sec 9. If there are two or more plaintiffs in any action, and one or more of
them die before final judgment, the action shall not thereby abate, if the cause of
action survive to the surviving plaintiff or plaintiffs ; and if there are two or more
defendants in any action, and one or more of them shall die before final judgment, '
such action shall not be abated thereby ; but in either of said cases, such death or
deaths shall be suggested on the record, and the action may proceed at the suit of the
surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, as
the case may require, in all respects as if such persons had been originally, sole
parties to the suit.

Sec 10. When any executor or administrator shall be plaintiff or defendant in
any suit, and shall, before final judgment, die, or cease to be such executor or
administrator, the suit shall not thereby abate ; but the same may be continued by,
or against, the successor of such executor or administrator, by an order of court
substituting such successor as defendant therein.

I Sec 11. When an action is authorized or directed by law, to be brought by or
'in the name of any public officer, or by any trustee appointed by virtue of any
statute, and such officer or trustee shall, before final judgment, die, or cease to be
such officer or trustee, the suit shall not thereby abate, if the cause of such suit
survive to his successor ; but the same may be continued by such successor, who

ACCOUNT. 45

shall be substituted for that purpose by order of the court, on a suggestion of such
death being made upon the record.

Sec. 12. Proceedings for the partition of lands shall not abate by the death of any
party thereto, but shall continue in the names of the survivors, if the interest of
such deceased person in the lands shall survive to them ; and if such interest shall
pass to other persons, they may, by rule of court, be made parties, and the same
proceedings shall be had as though they had been made parties originally.

Sec 13. No suit instituted in the name of one for the use of another shall abate
by reason of the death of the person whose name is used ; but may be continued
by the real plaintiff in interest in his own name on his suggesting such death on the
record and an order of the court being made, substituting his name for that of the
deceased plaintiff.

Sec 14. The provisions of this chapter shall extend as well to proceedings in equity
as at law, and the provisions of sections five, six, seven, eight, nine, ten, eleven,
twelve and thirteen, shall be applicable to all appeals, writs of error, and of
certiorari.

Sec 15. All orders authorized by this chapter to be made, for the purpose of intro-
ducing into a suit a new person as a co-defendant with the original party, or for the
purpose of substituting a person as defendant in place of the original party, shall be
made either upon the voluntary appearance of such person, or by order of the
court, after the party to be made such defendant, shall have been served with a scire
facias ; and all such writs of scire facias may be sued out either in term time or
in vacation, and may be directed to any county, and shall correspond, as nearly as
practicable, to the original writ, and may be executed and returned in the same
manner ; but no scire facias for the purpose of substituting another person in place
of the original defendant, shall be sued out after the second day of the second term
of the court, next after the term at which the death or disability of the original
party shall be suggested on the record.

• Approved : March 3, 1845.

CHAPTER II.

ACCOUNT.

Section j Section

1. What persons shall account, and to whom. 7. Auditors to be appointed.

2. Who may maintain action of, and against whom, i 8. Powers and duties of auditors if defendant fail

3. Executor being a residuary legatee, may main-

tain action of, and against whom.

4. When t>y and against executors and administra-

tors.

5. Process in, service and return of.

6. Defendant summoned and not appearing, may be

attached.

to appear.

9. Powers and duties of auditors, if defendant ap-
pear.

10. Auditors to report, and action of the court.

11. Parties may appeal.

12. Chancery jurisdiction saved.

Section 1. When one or more joint tenants, tenants in common, or co-parce-
ners in real estate, or any interest therein, shall take and use the profits or benefits '
thereof, in greater proportion than his, her or their interest, such person or persons,
his, her or their executors and administrators, shall account therefor to his or their
co-tenant jointly or severally.

4(5 ACCOUNT.

Sec. 2. Joint tenants, tenants in common, and co-parceners in any estate real or
personal, may maintain actions of account against their co-tenants, who receive as
bailiffs more than their due proportion of the profits and benefits of such estate.

Sec 3. Any executor, being a residuary legatee, may bring and maintain an
action of account against his co-executor ; and any other residuary legatee shall
have the same remedy against executors and administrators.

Sec 4. Actions of account may be maintained by and against executors and
administrators in all cases in which the same might have been maintained by and
against their testator or intestate.

Sec 5. The original process in actions of account, shall be the same as is pro-
vided by law for other personal actions, and shall be served and returned in the

same manner.

Sec 6. When any person is or shall be liable to account, as guardian, bailiff or
receiver, or otherwise, to another, and will not give an account willingly, the party
to whom such an account ought to be made, may bring his action of account, and if
the person, against whom such action may be brought, being summoned, does not
appear at the return of the writ, then the defendant shall be attached by his body
to appear and render his account.

Sec 7. Whenever a judgment shall be rendered against any defendant, that he
account, the court shall appoint not more than five, nor less than three able, disin-
terested and judicious men as auditors, to take the account, who shall, before they
enter on their duties, be sworn faithfully and impartially to take and state the
account between the parties,, and make report to the court.

Sec 8. Such auditors, or a majority of them, shall have power to appoint the
time and place for the hearing, and shall give reasonable notice to the parties ; and
if the defendant shall neglect or refuse to attend at the time and place appointed
and render his account, or appearing shall not render an account, the auditors shall
receive a statement of the account from the plaintiff, and award to him the whole sum
he claims to be due.

Sec 9. If the parties appear, and produce their books and accounts before the
said auditors, such auditors, or a majority of them, shall proceed to take and state
the accounts, and may take the testimony of witnesses, and examine either or both
of the parties on oath, respecting their accounts; and may administer all necessary
oaths to witnesses and parties. If either party shall refuse to be sworn, or answer
proper questions respecting his account, the auditors, or a majority of them, may
commit him to jail, there to remain until he consent to be sworn, or answer
the interrogatories.

Sec 10. The auditors, or a majority of them, shall liquidate and adjust the ac-
counts, and state the balance, and to whom due. They, or a majority of those
present, shall report to the court by whom they were appointed, at the next term
thereof; and if such report shall be approved by the court, the court shall render
judgment for the amount ascertained to be due, with costs ; and the party in whose
favor the report is made, shall pay the auditors their fees, which shall be taxed
as costs.

Sec 11. Either party may appeal or prosecute a writ of error, from the final
judgment upon the report of the auditors, in the same manner, and upon the same
conditions, as provided by law in other cases.

Sec 12. Nothing in this chapter contained, shall be so construed as to deprive
courts of chancery of their jurisdiction in matters of account.

Approved : March 3, 1845.

CHAPTER III.

ADVERTISEMENTS.

Section

1. Publication of, how proved.

2. By whom paid for, and how allowed hy court.

3. By public officers, how allowed and paid for.

Section
4. How often published, when number of inser
tions are not specified.

Section ] . When any notice or advertisement shall be required by law, or the
order of any court, to be published in any newspaper, the certificate of the printer
or publisher, with a written or printed copy of such notice or advertisement
annexed, stating the number of times which the same shall have been published,
and the dates of the first and last papers containing the same, shall be sufficient
evidence of the publication therein set forth.

Sec. 2. When any notice or advertisement relating to any cause, matter or thing
depending in any court of record, shall have been duly published, the same may
be paid for by the party at whose instance the same was published, who may pre-
sent his account therefor to the proper court, which account, or so much thereof as
shall be deemed reasonable, may be taxed as costs, or otherwise allowed in the
course of the proceedings to which such notice or advertisement shall relate.

Sec. 3. When any notice or advertisement shall be published by a public officer,
in pursuance of law, the reasonable expense thereof shall be allowed and paid out
of the State or county treasury, as the case may require.

Sec. 4. In all cases, in which by law, or order of court, any advertisement
shall be directed to be published, and the number of publications shall not be
specified, it shall be taken and intended, that such advertisement shall be published
three times for three successive weeks.

Approved : March 3, 1845.

CHAPTER IV.
ALIENS.

Section
1. Rights of aliens to acquire, hold and transmit
real estate.

Section
2. Personal estate of aliens may pass to heirs
though aliens.

Sec. 1. All aliens, residing in this State, may take, by deed, will or other-
wise, lands and tenements and any interest therein, and alienate, sell, assign and
transmit the same, to their heirs, or any other persons, whether such heirs or

48

AMENDMENTS AND JEOFAILS.

other persons be citizens of the United States or not, in the same manner as natural
born citizens of the United States or of this State might do ; and upon the decease
of any alien having title to, or interest in, any lands or tenements, such lands and
tenements shall pass and descend in the same maner as if such alien were a citizen of
the United States, and it shall be no objection to any persons having an interest
in such estate that they are not citizens of the United States ; but all such
persons shall have the same rights and remedies, and in all things be placed on the
same footing as natural born citizens and actual residents of the United States.

Sec. 2. The personal estate of an alien dying intestate, who at the time of his
death shall reside in this State, shall be distributed in the same manner as the
estates of natural born citizens, and all persons interested in such estate, shall be
entitled to their proper distributive shares thereof, under the laws of this State,
whether they are aliens or not.

Approved : March 3, 1845.

CHAPTER V-

AMENDMENTS AND JEOFAILS.

Section

1. Misprison of clerk not to vitiate process or re-

cord; amendment after judgment.

2. General power of court to amend pleadings.

3. Courts may correct misprisons of sheriffs and

others.

4. Judgments not to be reversed for erasures and

interlineations.

5. New entries, &c.

6. Effect of errors after judgment.

7. Judgment not to be reversed for want of form.

8. Judgment not to be reversed for variance or lack

of certain averments.

9. Judgment not to be reversed for want of certain

allegations.

11.

12.

Section
10. How far court to proceed on demurrer; certain
defects not cause of demurrer, except when
specially set forth.
Extent of provisions of this chapter ; in cases

when defect is cured by verdict.
Shall extend to debts due the State ; to cases for
recovery of revenue ; to writs of mandamus,
informations in nature of quo warranto.

13. To writs of error in which there is variance,

may be amended.

1 4. This chapter not to extend to indictments, in-

formations, nor to proceedings upon penal stat-
utes.

Section 1. By the misprison of any clerk in anyplace wheresoever it be, no
record or process shall be annulled or discontinued, by mistaking in writing, one
syllable or one letter too much or too little ; but as soon as the thing is perceived,
by challenge of the party, or in other manner, it shall be immediately amended in
due form, without giving advantage to the party that challenges the same, because
of such misprison ; and the court before whom such plea or record is made, or shall be
depending, as well by adjournment, as by way of appeal, or error, or otherwise,
shall have power and authority, to amend such record and process as aforesaid, as
well after judgment, in any suit, plea, record or process given, as before judgment,
as long as the same record and process is before them.

Sec. 2. The court in which any record, process, declaration, count, plea, war-
rant of attorney, writ, pannel or return is or may be, while the same remains before
them, shall have power to examine such records, processes, declarations, counts,
pleas, warrants of attorney, writs, pannels and returns, by them and their clerks,

AMENDMENTS AND JEOFAILS. 49

and amend (in affirmance of judgments of such records and processes) all that
which, to them in their discretion, seemeth to be misprison of the clerks, therein ;
so that by such misprison of the clerks, no judgment shall be reversed or annulled.
And if any record, process, declaration, count, plea, warrant of attorney, writ,
pannel or return be certified defective, otherwise than according to the writing
which thereof remaineth in the offices, courts or places from whence they are
certified, the parties, in affirmance of the judgments of such records and processes,
shall have advantage to allege that the same writing is variant from the said certi-
ficates : and that being found and certified, the same variance shall be, by the said
court, reformed and amended acccording to the first writing.

Sec. 3. The courts before whom any misprison or default is, or shall be found, in

ny recorder process, which is, or hereafter shall be depending before them, as well
by way of appeal or error, as otherwise, or in the returns, (the same made or to be
made by sheriffs, coroners, or any other,) by misprison of the clerk of any of the
said courts, or by misprison of the sheriffs, under-sheriffs or deputies, coroners or
their clerks, or other officers, clerks, or other ministers whatsoever, shall have
power to amend such defaults or misprisons according to their discretion, and, by
examination thereof by the said courts, to be taken when they shall think needful;
and all such amendments may be made as well after a judgment given upon verdict,
confession, nihil dicit, or non sum informatus, as upon matter of law pleaded.

Sec 4. For errors assigned, or to be assigned, in any record, process, warrant
of attorney, writ, original or judicial, pannel or return, or that in any places of the
same there be erasures or interlineations, or that there be any addition, subtraction
or diminution of words, letters or titles, or parcels of letters, found in any such
record, process, warrant of attorney, writ, pannel or return, no judgment, or
record, or decree, shall be reversed or annulled.

Sec 5. Record and process, real, or personal, or mixed, whereof judgment or
decree shall be given and enrolled, or things touching such pleas, shall in nowise
be amended or impaired by new entering of the clerks, either by the record of things
certified, in no term subsequent to that in which such judgment or decree is or shall
be given and enrolled.

Sec 6. If any issue hath been, or shall be tried by any court or jury, and be
found for either party, in any court of record, then the court by whom judgment
ought to be given, shall proceed and give judgment in the same, any mispleading,
lack of color, insufficient pleading, or jeofail, or any miscontinuance, discontinuance,'
misconceiving of process, misjoining of the issue, lack of warrant of attorney, or
any other default or negligence of any of the parties, their counsellors or attorneys
to the contrary notwithstanding; and the said judgments thereof, so to be had and
given, shall stand in full strength and force, to all intents and purposes, according
to the said verdict or finding, without any undoing the same by appeal, writ of
error or false judgment, in like form as though no such default or negligence had
ever been had or committed.

Sec 7. If a verdict of a court or jury shall hereafter be given, for either party in
any court of record, the judgment thereupon shall not be stayed or reversed by any
default of form, or lack of form in any writ, original or judicial, count, declaration,
plaint, bill, suit or demand, for want of any writ, or by reason of any imperfect or
insufficient return of any sheriff or other officer, or for want of any warrant of
attorney, or by reason of any manner of default in process, upon, or after any aid-
4

50 AMENDMENTS AND JEOFAILS.

prayer or voucher; nor shall any such record or judgment after verdict, to be given
hereafter, be reversed for any of the defects or causes aforesaid.

Sec. 8. If any verdict be rendered by the court or jury, for either party, in any
court of record, the judgment thereupon shall not be stayed or reversed by reason of
any variance inform only, between the original writ or process, and the declaration,
petition, plaint or demand, or for lack of an averment of any life or lives of any per-
son or persons, so as upon examination, the said person be found to be in life, or by
reason that any of the persons in whose favor the verdict is rendered is an infant
and appeared by attorney.

Sec. 9. If any verdict shall hereafter be given by a court or jury for either party,
in any court of record, judgment thereon shall not be stayed or reversed for any
default in form, or lack of form, or by reason that there are not pledges or but one
pledge to prosecute, returned upon the original writ, or because the name of the
sheriff is not returned upon the original writ or process, or for default of entering
pledges upon any petition, or declaration, or for default of alleging the bringing into
court, any bond, bill, indenture, or other deed or writing mentioned in the declara-
tion or other pleading, for default of allegation of bringing into court letters testa-
mentary or of administration, or by reason of the omission of the words "with force
and arms," or "against the peace ," or for, or by reason of mistaking the christian
or surname of the plaintiff or defendant, demandant or tenant, sum or sums of money,
day, month, or year, by the clerk, in any bill, petition, declaration or pleading,
where the right name, surname, sum, day, month or year, in any writ, record or
proceeding, or on the same record where the mistake is committed, is, or are once
truly and rightly alleged, whereunto the party might have demurred and shown the
same for cause, nor for want of the averment or words "and this heis ready to verify,"
or "and this he is ready to verify by the record" or for not alleging, "as appears by
the record" or that there was no right venue, so as the cause was tried by a jury
of the proper county, or place where the action is laid, nor shall any judgment after
verdict be reversed, for want of entering that the person against whom such judg-
ment is given, "be in mercy," or "be taken" or by reason that the words "be taken,"
are entered for "be in mercy ," or that the words "be in mercy" for "be taken ," nor
for that in the judgment "it is granted" are entered for "it is considered," nor for
that the increase of costs, after the verdict in any action, are not entered at the
request of the party for whom judgment is given, nor by reason that the costs on
any judgment are not entered to be by consent of the plaintiff; but all such omissions,
variance, defects and all other matters of the like nature, not being against the right
of the matters of the suit, nor whereby the issue or trial is altered, shall be amended
by the courts, where such judgments are or shall be given, or whereunto the record
is or shall be removed by appeal or writ of error.

Sec 10. When any demurrer shall be joined, and entered in any action or suit,
in any court of record, the judges shall proceed and give judgment according as the
very right of the cause and matter in law shall appear unto them, without regarding
any imperfection, omission or defect for want of form in any writ, return, plaint,
declaration or other pleading, process or course of proceeding whatsoever, except
those only which the party demurring shall specially and particularly set down and
express, together with his demurrer, as cause of the same, notwithstanding that such
imperfection, omission or defect might heretofore have been taken to be matter of
substance, so as sufficient matter appear on the said pleadings upon which the court
may give judgment according to the very right of the cause ; and therefore no ad-
vantage or exception shall be taken of or for an immaterial traverse, of or for default

APPRENTICES.

51

of entering pledge upon any petition or declaration, or for the default of alleging
the bringing into court any bond, bill, indenture or writing mentioned in the decla-
ration or other pleadings, or of, or for the default of alleging the bringing into court
of letters testamentary or of administration, or of, or for the omission of the words
"with force and arms" and "against the peace" or either of them, or of, or for want
of the averment or words, "and this he is ready to verify,'''' or, "and this he is ready
to verify by the record," or of, or for not alleging "as appears by the record," but the
court shall give judgment according to the very right of the cause as aforesaid,
without regarding any such imperfection, omissions and defects, or other matter of
like nature, except the same shall be specially and particularly set down and shown
for cause of demurrer : and no judgment shall be reversed for any such imperfec-
tion, omission, defect or want of form, except such only as are before excepted.
And after demurrer joined, the court before whom the same shall be pending may,
from time to time, amend all and every such imperfection, omission, defect and want
of form as are before mentioned, other than those only which the party demurring
shall specially and particularly set down, together with his demurrer as aforesaid.

Sec. 11. Every thing herein before contained shall extend to all judgments which
shall be entered upon confession, "nil dicit," or, t'non sum informatus," in any
court of record; and no such judgment shall be reversed; nor any judgment upon
any writ of enquiry of damages executed thereon shall be stayed or reversed for,
or by reason of any imperfection, omission, defect, matter or thing which would
have been aided and cured by this chapter in case a verdict had been given in such
action or suit, so there be an original writ, duly issued according to law.

Sec. 12. This chapter shall extend to all suits in any court of record for the recovery
of any debt due the State, or any duty or revenue thereto belonging, and also to all
writs of mandamus and informations of the nature of quo warranto and proceedings
thereon.

Sec. 13. All writs of error, wherein there shall be any variance from the origi-
nal record, or any other defect, may and shall be amended, and made agreeable to
such record by the respective courts where such writs of error are or shall be made
returnable.

Sec 14. No part of this chapter shall extend to any indictment or presentment for
any criminal matter or process upon the same ; nor to any writ, action, or informa-
tion upon any popular or penal statute ; nor to any outlaw, or process thereupon in
order thereunto.

Approved: March 3, 1845.

CHAPTER VI.
APPRENTICES.

Section

1. Minors may be bound ; at what age.

2. Who may bind them ; father or mother if father

be incapacitated.

3. If mother be dead or incompetent, guardian may

bind.

4. If there be no guardian, probate justice may

bind, or two justices of the peace, with mi-
nor's consent.

Section
6. Executor may bind in certain cases.

6. When minor shall beg, or become a public charge,

who may bind.

7. Compulsoryprocess in certain cases.

8. Mayor or aldermen may bind in certain cases.

9. Indentures to be of two parts ; to be signed and

sealed.

52 APPRENTICES.

Section i Section

10. Age and term of service to be inserted in inden- 16. Proceedings in case of misconduct of apprentice.

ture.

11. Apprentice to be taught reading, writing, arith-

metic ; to have bible, wearing apparel. Ex-
ception as to negroes, &c.

12. Amount of compensation to be inserted, and

Appeals in such cases.

17. Penalty for enticing away apprentices.

18. Penalty for concealing apprentices.

19. Apprentices not to be removed out of this

State.

held for use of apprentice. 20. Duty of master on removing or quilting busi-

13. Copy of indentures to be filed in certain cases

with probate justice. Duty of probate jus-
tice.

14. What indentures are void.

15. Remedy and mode of redress in case of improper

treatment of apprentice.

ness.

21. Proceedings in case of death of master, &c.

22. Apprentices leaving service, how liable.

Section 1. All children under the age of fourteen years may be bound by in-
denture or covenant of service, clerks, apprentices or servants, until they arrive
at that age, with or without their consent ; and all minors above that age, may be so
bound, with their consent; males, until they arrive at the age of twenty-one, and
females, until they arrive at the age of eighteen years, or for a shorter term as here-
in provided.

Sec 2. Any such minor may be bound, by and with the consent of, his or her
father. If the father be dead, or if he shall have wilfully abandoned and neglected
to provide for his family for the space of six months ; or shall have become an ha-
bitual drunkard ; or from any other cause shall not have legal capacity to consent,
then the mother shall have the same power to give such consent as if the father
were dead. The fact of such desertion, drunkenness or legal incapacity, shall be
tried and found in the court of probate by a jury empannelled for that purpose ; and
an endorsement on such indenture, under the seal of the court, certifying the facts
found by such jury, together with the approval of the court of the terms of such
indenture, shall be deemed sufficient evidence of the power of the mother to give
such consent as aforesaid. And in all cases of illegitimate children, the mother
shall be deemed the proper person to give the consent herein required.

Sec. 3. If the mother be dead, or shall have abandoned and neglected to provide
for her family for the space of six months, or shall have become an habitual drunk-
ard, or a prostitute, or shall not, from any other cause, have legal capacity to con-
sent ; which fact shall be ascertained and certified as provided in the foregoing sec-
tion ; then the guardian of such minor, duly appointed, shall have power to give
such consent. If there be no guardian, such minor may be bound as hereinafter
provided.

Sec. 4. Any minor who shall have no parent or guardian living in this State,
may, by and with the approbation of the judge of probate, or of any two justices of
the peace of the county in which such minor shall reside, bind himself or herself
as aforesaid, which approbation shall be endorsed on the said indenture.

Sec 5. The executor or executors who are, or shall be, by the last will and tes-
tament of a father, directed to bring up his child or children to some trade or calling,
shall have power to bind such child or children by indenture, in like manner as the
father, if living, might have done; or shall raise such child or children according
to such directions.

Sec 6. Whenever any minor shall habitually beg for alms, or shall become
chargeable to the county, or shall be likely to become so, by reason of being an or-
phan without means of support, or by reason of the inability, refusal or neglect of
the parent or parents of such minor to support him or her, such minor may be bound
as aforesaid by the county commissioners' court, or by any two overseers of the
poor, or by any two justices of the peace of the county in which such minor may

APPRENTICES. 53

reside, by the approval and consent of the judge of probate ; and such indenture shall
be as valid and binding as though such minor had bound himself or herself with the
consent of his or her father ; but this section shall not apply to females over the age
of fifteen years.

Sec. 7. The persons authorized in the foregoing section to bind the minors there-
in specified, may, respectively, as the case may require, issue their order, directing
the sheriff or any constable of their county, to bring such minors before them.

Sec. 8. The mayor, or any two aldermen of any city or incorporated town,
which, by its charter, is charged with the custody and maintenance of the poor
within its limits, may bind minors as provided in the two foregoing sections.

Sec 9. The indenture or covenant of service, shall be of two parts, and in all
cases shall be signed and sealed by all the parties whose consent is herein made ne-
cessary thereto : Provided, That in cases requiring the consent and approval of the
judge of probate, such consent and approval shall be endorsed on said indenture,
attested by his seal of office.

Sec 10. The age and time of service of every apprentice or servant, shall be in-
serted in his or her indentures ; but if such age shall be unknown, then it shall be
inserted according to the best information, which age shall, in relation to the term
of service, be deemed and taken as the true age of such minor.

Sec 11. In all indentures it shall be provided that the master or mistress shall
cause such clerk, apprentice or servant, to be taught to read and write, and the
ground rules of arithmetic ; and shall also, at the expiration of such term of service,
give to such apprentice a new bible, and two complete suits of new wearing appar-
el, suitable to his or her condition in life : Provided, That if such minor be a negro
or mullatto, it shall not be necessary to require that he or she shall be taught to
write, or the knowledge of arithmetic.

Sec 12. Every sum of money paid or agreed for, with, or in relation to the bind-
ing of any clerk, apprentice or servant, as a compensation for his or her services,
shall be inserted in the indentures ; and all money or property so paid or agreed to
be paid, shall be secured to, and for the sole use and benefit of the minor.

Sec 13. Whenever any minor shall be bound by other than his or her parent or
guardian, one copy of the indentures shall be filed in the office of the judge of
probate for safe keeping; and it shall be the duty of the officers or persons binding
such minors, and of the judge of probate to see that the terms of such indentures
are complied with, and that such minor is not ill used.

Sec 14. All indentures, covenants, promises and bargains, for taking, binding
or keeping any apprentice, clerk or servant, not in conformity with the provisions
and requirements of this chapter shall be utterly void in law, as against such clerk,
apprentice or servant.

Sec 15. The judge of probate, or any two justices of the peace, excepting the
justices who may have bound the apprentice complaining, shall at all times receive
the complaints of clerks, apprentices and servants, who reside within the jurisdic-
tion of such judge or justices, against their , masters or mistresses, alleging unde-
served or immoderate correction, unwholesome food, insufficient allowance of food,
raiment or lodging, want of sufficient care or physic in sickness, want of instruc-
tion in their trade or profession, or the violation of any of the agreements or cove-
nants in the indentures of apprenticeship contained, or that he or she is in danger of
being removed out of the jurisdiction of this State ; and shall cause such masters or
mistresses to be summoned before them, and shall on the return of the summons,

54 APPRENTICES.

whether such master or mistress appear or not, hear and determine such cases, in a
summary way, and make such order thereon, as in the judgment of the said judge
of probate, or two justices of the peace, will relieve the party injured in future ; an3
shall have authority, if said judge or two justices think proper, to discharge such
clerk, apprentice or servant from his or her apprenticeship or service. And in case
any money or other thing, shall have been paid, given, or contracted or agreed for
by either party in relation to the said apprenticeship or service, shall make such order
concerning the same, as the said judge or justices of the peace shall deem just and
reasonable. And if the said apprentice so discharged shall have been bound ori-
ginally, as provided in the sixth, seventh and eighth sections of this chapter, it shall
be the duty of the court granting the discharge, again to bind him or her, if said court
shall judge proper.

Sec 16. The said judge of probate or any two justices of the peace shall, on the
complaint of masters or mistresses, issue a warrant against any clerk, apprentice
or servant for desertion, without good cause, or for any misdemeanor, miscarriage
or ill behavior, and may punish such clerk, apprentice or servant according to the
nature and aggravation of his or her offence, by imprisonment not exceeding ten
days ; and in addition to theabc^ve punishment, where the offence shall be desertion
without good cause, the court may order the said clerk, apprentice or servant guilty
thereof, to make restitution by the payment of a sum not exceeding eight dollars for
each and every month he or she may be so absent, to be collected as other debts,
after such clerk, servant or apprentice shall become of full age. The awarding of
costs on proceedings under this and the preceding sections, shall be in the discre-
tion of the court. An appeal to the circuit court from any decisions made under
this or the preceding sections shall be allowed to either party, upon the party ap-
pealing, entering into a bond, with good and sufficient security, in the penalty of
one hundred dollars, conditioned to prosecute such appeal to effect, and to abide by
and perform the decision of the circuit court in the premises : which court shall
hear and decide such appeal upon the same principles as the said judge of probate
or justices ought to have heard and decided the original complaint. The decision
of the circuit court shall be final and conclusive in the premises, and shall not be
subject to appeal or writ of error. The bond above mentioned, shall be entered
into before the clerk of the circuit court, who shall thereupon proceed in said ap»-
peal as is directed by law, in cases of appeal from the decisions of justices of the
peace in other cases.

Sec 17. Every person who shall counsel, persuade, entice, aid or assist any
clerk, apprentice or servant, to run away or absent himself or herself from the ser-
vice of his or her master or mistress, or to rebel against, or assault his or her
master or mistress, shall forfeit and pay a sum not less than twenty, nor more than
five hundred dollars, to be sued for and recovered by action on the case, with costs,
by such master or mistress, in any court having jurisdiction thereof.

Sec 18. Every person who shall conceal any clerk, apprentice or servant^
knowing such clerk, apprentice or servant to have run away, or to have absented
himself or herself from the service of his or her master or mistress without leave,
shall forfeit and pay one dollar for every day's concealing as aforesaid; to be sued
for and recovered by action of debt with costs, by such master or mistress, in
any court having jurisdiction thereof.

Sec 19. It shall not be lawful for any master or mistress, to remove any clerk,
apprentice or servant bound to him or her as aforesaid out of this State ; and if at

APPRENTICES. 55

any time it shall appear to any judge, or justice of the peace, upon the oath of any
competent person, that any master or mistress is about to remove, or cause to be
removed, any such clerk, apprentice or servant out of this State, it shall be lawful
for such judge or justice, to issue his warrant, and to cause such master or mistress
to be brought before him, and if upon examination, it appear that such apprentice,
clerk or servant is in danger of being removed without the jurisdiction of this State,
the judge or justice may require the master or mistress to enter into recognizance,
with sufficient security, in the sum of one thousand dollars, conditioned that such
apprentice, clerk or servant, shall not be removed without the jurisdiction of this
State, and that the said master or mistress will appear with the apprentice, clerk
or servant before the circuit court, at the next term thereof, and abide the decision
of the court therein ; which recognizance shall be returned to the circuit court,
and the said court shall proceed therein, in a summary manner, and may discharge
or continue the recognizance, or may require a new recognizance, and otherwise
proceed according to law and justice. But if the master or mistress, when
brought before any judge or justice, according to the provisions of this section, will
not enter into a recognizance as aforesaid, if required so to do, it shall be lawful
for such court or justice to discharge such clerk, apprentice or servant from such
apprenticeship or service, and to award judgment against such master or mistress
for costs, and for such sum as, considering the terms of the indentures and the con-
dition of the parties, may be deemed just and reasonable.

Sec 20. Whenever any master or mistress of any clerk, apprentice or servant,
bound by the court as aforesaid, shall wish to remove out of this State, or to quit his
or her trade or business, it shall and may be lawful for him or her, to appear with
his or her clerk, apprentice or servant before the probate court of the proper coun-
ty ; and such court shall have power if deemed expedient, to discharge such clerk,
apprentice or servant from the service of such master or mistress.

Sec. 21. When any person shall become bound as clerk, apprentice or servant,
according to the provisions of this chapter, to two or more persons, and one or more of
them die before the expiration of the term of service, the indentures and contracts
shall survive to, and against such survivor or survivors ; and in case of the death
of all the masters or mistresses in any such indenture or contract named, before
the expiration of the term of service, such clerk, apprentice or servant shall be
thereby discharged from such service.

Sec. 22. Any clerk, apprentice or servant, bound according to the provisions of
this chapter, who shall absent himself or herself from the service of his or her mas-
ter or mistress, without leave first obtained, or who shall run away, so that the
master or mistress shall be deprived of his or her service, during the remainder of
the term, or any part thereof, for which he or she was bound to serve, then and in
that case, it shall and may be lawful for the master or mistress of such clerk,
apprentice or servant, to have an action on the case, in any court of competent juris-
diction, against such clerk, apprentice or servant, after he or she arrives at full age,
for the damage that such master or mistress may have sustained, by reason of the
absence of such clerk, apprentice or servant : Provided, That such action shall be
brought within six years, after such clerk, apprentice or servant, shall arrive at
full age.

Approved : March 3, 1845.

CHAPTER VII.

ARBITRATIONS AND AWABDS

Section

8 . Aggrieved party may have judgment at next term,

for amount of award and costs.

9. Proceedings when award is other than for the

payment of money.

10. In v/hat cases court may set aside the award.

11. Court may modify or correct award in case of
mistake, etc.

Applications to set aside or correct awards;
when to be made; chancery jurisdiction re-
served.

13. Writs of error and appeals allowed.

14. Fees of arbitrators ; witnesses and officers.

15. Arbitrators may be compelled to report.

16. When matter in suit is referred, cause con-

tinued.

12.

Section

1. Persons competent, may arbitrate matters not in

suit; judgment of proper court maybe render-
ed on the award.

2. When parties to suits agree to arbitrate, order of

court may be entered; arbitrators, how se-
lected.

3. Duty of arbitrators ; to appoint time and place

of meeting; may adjourn for good cause.

4. Arbitrators shall be sworn ; by whom oath may

be administered.
6. Who may issue subpoenas ; attendance of wit-
nesses compelled. Arbitrators may administer
oaths, punish contempts, admit depositions to
be read.

6. Award shall be in writing ; shall be signed and

copies delivered to parties.

7. Either party not complying, right of the other to

file papers in court.

Section 1. All persons having the requisite legal capacity, may, by an instru-
ment in writing, to be signed and sealed by them, and attested by at least one wit-
ness, submit to one or more arbitrators, any controversy existing between them,
not in suit; and may in such submission agree that a judgment of any court of
record competent to have jurisdiction of the subject matter, to be named in such in-
strument, shall be rendered upon the award made pursuant to such submission.

Sec 2. Whenever the parties to any suit pending in any court of record, shall
be desirous and willing to submit the matters involved in such suit to the decision

o

of arbitrators, an order shall be entered directing such submission to three impartial
and competent persons, to be named in such order ; such arbitrators to be agreed
upon and named by the parties. But if the parties are unable to agree, each shall
name one, and the court the third.

Sec. 3. The arbitrators appointed in pursuance of the foregoing provisions, or a
majority of them, shall proceed with diligence to hear and determine the matters in
controversy. They shall appoint a place and time for hearing, and adjourn the
same from time to time, as may be necessary. And on the application of either
party, and for good cause, they may postpone such hearing from time to time, not
extending beyond the next term of the court in which the said suit is pending, if
the subject matter be in suit.

Sec 4. Before proceeding to hear any testimony in the cause, the arbitrators shall
be sworn, faithfully and fairly to hear, examine and determine the cause, according
to the principles of equity and justice; and to make a just and true award according
to the best of their understanding, which oath may be administered by any justice
of the peace, or clerk of the circuit court, in which the suit is pending.

Sec 5. The several clerks of the circuit courts, and the justices of the peace in
their several counties, may issue subpoenas for the attendance of witnesses before ar-
bitrators : If any witness, alter being duly summoned, shall fail to attend, the arbi-
trators may issue an attachment to compel his attendance, and the said witness shall
moreover be liable to the party for refusing to attend the same as in trials at law.

ARBITRATIONS AND AWARDS. 57

Any one of the arbitrators may administer oaths and affirmations to witnesses ; they
may punish contempts committed in their presence during the hearing of a cause,
the same as a court of record, and may admit depositions to be read in ev-
idence, the same as in trials at law.

Sec. b\ The award of the arbitrators, or a majority of them, shall be drawn up
in writing, and signed by such arbitrators, or a majority of them, and a true copy of
such award shall, without delay, be delivered to each of the parties thereto.

Sec. 7. If either of the parties shall neglect to comply with said award, the other
party may, at any time within one year from the time of such failure, file such award,
together with the submission or arbitration bond, in the court named in the submission.

Sec 8. The party filing such award may, at the next term after such filing, by
giving four days' notice of his intention, to the opposite party, and if no legal ex-
ceptions are taken to such award or other proceedings, have final judgment thereon, as
on the verdict of a jury, for the sum specified in said award to be due, together with the
costs of arbitration and of the court; and execution may issue therefor as in other cases.

Sec. 9. When the award requires the performance of any act other than the pay-
ment of money, the court rendering such judgment shall enforce the same by rule,
and the party refusing or neglecting to comply with such rule, may be proceeded
against by attachment or otherwise, as for a contempt.

Sec 10. If any legal defects appear in the award, or other proceedings, or if it
shall be made to appear on oath or affirmation, that said award was obtained by
fraud, corruption or other undue means, or that such arbitrators misbehaved, said
court may set aside such award.

Sec 11. If there be any evident miscalculation or misdescription, or if the arbitra-
tors shall appear to have awarded upon matters not submitted to them, not affectino-
the merits of the decision upon the matters submitted, or where the award shall be im-
perfect in some matter of form, not affecting the merits of the controversy ; and where
such errors and defects, if in a verdict, could have been lawfully amended or disre-
garded by the court, any party aggrieved may move the court to modify or correct
such award.

Sec 12. Application to set aside, modify or amend such award, as provided in
the two preceding sections, must be made before the entry of final judgment on
such award : Provided, Nothing herein contained shall be so construed as to deprive
courts of chancery of their jurisdiction as in other cases.

Sec 13. Writs of error and appeals may be taken from any decision of the
court, by the party deeming himself aggrieved, as in other cases ; and if the Su-
preme Court shall remand the case, such further proceedings shall be had as the
nature of the case may require.

Sec 14. Each arbitrator shall be allowed for every day's attendance to the busi-
ness of his appointment, one dollar, to be paid in the first instance by the party in
whose favor the award shall be made, but to be recovered of the other party with
the other costs of suit, if the award or final decision shall entitle the prevailing party
to recover costs. Witnesses shall receive the same fees for attendance at arbitra-
tions, as shall be allowed them.in the circuit courts. Sheriffs, constables, clerks
and justices of the peace, shall be entitled to the same fees for services performed
in relation to any arbitration, as shall be allowed by law for the like services in
their respective courts.

Sec 15. Arbitrators may be compelled by order of the court in which any
cause submitted to them shall be pending, to proceed to a hearing thereof, and to
make report without unnecessary delay.

58

ATTACHMENTS BEFORE JUSTICES.

Sec. 16. When any cause pending in any court, shall be referred, as herein
provided, an entry of such reference shall be made on the record, and day shall be
given to the parties, from time to time, until the arbitrators report, or they be there-
of discharged, on filing such report.

Approved : March 3, 1845.

CHAPTER VIII.

ATTACHMENTS BEFORE JUSTICES.

Section

1. Affidavit to be filed by creditor; what facts it

shall contain ; writ of attachment may issue;
against what property ; when writ returnable.

2. Form of writ.

3. Bond to be taken ; its penalty; condition.

4. Form of condition of bond.

6. Duty of constable; writ how served; return ;
property may be pursued to any county.

6. "Want of form, how amended; when attachment

may be quashed.

7. Duty of justice in case of service or appear-

ance; if there be no service or appearance,
case continued, and ten days' notice given;
substance and proof of notice.
Duty of justice in such case, to try, render judg-
ment and order sale; continuance.
9. Garnishees to be summoned to answer; return
to such summons.

10. Justice to make entry; continue as to garni-

shee : try as to defendant.

11. If judgment be against defendant, garnishees

summoned to appear, &c.j judgment and exe-
cution against them.

8.

Section

12. If garnishee appear, trial tobehad; itsincidents'

judgment therein.

13. Effect of judgment in attachment; executionnot

to issue until property is sold.

14. If defendant is not personally served, what prop-

erty may be sold; defendant may retain prop-
erty by giving bond; its conditions; duty of
constable ; right of plaintiff.

1 5. Several j udgments of equal date, equally binding ;

proviso as to property re-captured out of county.

16. Rights of garnishees as to their defence.

17. Execution not to issue against garnishee until

debt be due.

18. Garnishee may deliver up effects of defendant.

19. Proceedings against non-resident joint debtors,

how instituted, and conducted ; what property
liable in such cases.

20. Right of property may be tried.

21. Affidavit, how sworn to.

22. Construction of this chapter.

23. Abatement of suits in attachment.

Section 1. If any creditor, his agent or attorney, shall file an affidavit with any
justice of the peace in this State, setting forth that any person is indebted to such
creditor, in a sum not exceeding one hundred dollars, and that such debtor has
departed, or is about to depart from this State, with the intention of having his
effects removed from this State ; or is about removing his property from this State,
to the injury of such creditor ; or that such debtor conceals himself, or stands in
defiance of an officer, so that process can not be served upon him j or that such
debtor is not a resident of this State, it shall by lawful for the justice to grant a
writ of attachment against the personal estate, goods, chattels, rights, moneys and
effects of the debtor, directed to any constable of his county, and returnable within
thirty days from the date thereof.

Sec 2. The writ of attachment required in the preceding section, shall be, sub-
stantially in the following form :
State op Illinois, > Set.

County, \ The people of the State of Illinois, to any constable

of said county, greeting: Whereas, A. B., (or agent or attorney of A. B., as the
case may be,) hath complained on oath (or affirmation) before C. P., a justice of
the peace in and for said county, that E. F. is justly indebted to the said A. B.,
in the amount of dollars, and oath (or affirmation) having been also made

ATTACHMENTS BEFORE JUSTICES. 59

that the said E. F. so absconds or conceals himself, or stands in defiance of a peace
officer, authorized to arrest him or her, with civil process, so that the ordinary
process of law can not be served on him (or her as the case may be,) and the said
A. B., having given bond and security according to the directions of the act in such
cases made and provided ; We therefore, command you that you attach so much of
the personal estate of the said E. F. to be found in your county as shall be of value
sufficient to satisfy the said debt and costs, according to the complaint, and such
personal estate so attached, in your hands to secure, or so to provide that the same
may be liable to further proceedings thereon, according to law, before the under-
signed justice of the peace. And in case personal property of value sufficient
can not be found, that you summon all persons whom the plaintiff or his agent shall
direct, to appear before said justice, on the day of next, then and

there to answer what may be objected against him or them, when and where you
shall make known how you have executed this writ ; and have you then and there
this writ. Given under my hand and seal, this day of 18 .

C. D., Justice of the Peace. Seal.

Sec. 3. Upon the issuing of any such writ of attachment, the justice shall take
from the creditor, his agent or attorney, a bond to the defendant with good security,
to be approved by said justice', in a penalty of at least double the amount of the
plaintiff's claim, conditioned that said creditor will pay to the defendant, and to all
others interested in such attachment, or the proceedings to grow out of it, all
damages and costs which may be sustained by reason of the wrongful sueing out of
said attachment.

Sec. 4. The condition of the bond required in the preceding section, shall be
substantially as follows :

The condition of the ab ove obligation is such that, whereas the above bounden
hath, on the day of the date hereof, prayed an attachment at the suit of
against the personal estate of the above named for the sum of and

the same being about to be sued out, returnable on the day of before (said

Justice.) Now if the said shall prosecute his suit with effect, or in case of

failure therein, shall well and truly pay and satisfy the said all such costs in

such suit, and such damages as the said may sustain, by reason of wrongfully

sueing out the said attachment, then the above obligation to be void, else to remain
in full force and virtue.

Witness our hands and seals, this day of 18 .

Seal.
Seal.

Sec 5. The constable to whom any attachment may be delivered, shall without
delay execute the same, by levying on the personal property of the defendant, of
value sufficient to satisfy the debt or damages claimed to be due, and all costs
attending the collection of the same ; he shall also read the same to the defendant,
if the defendant can be found in the county, and make return thereof stating how
he has executed the same. If the defendant, or any other person for him shall be
in the act of removing such personal property, the officer may pursue and take the
same, in any county in this State, and convey the same to the county from which
such attachment issued.

Sec 6. No attachment shall be abated or dismissed for want of form, if the
essential matters required in this chapter be substantially set forth : and justices of
the peace shall allow any amendment to be made, of any affidavit, writ, return or

60 ATTACHMENTS BEFORE JUSTICES.

bond, or allow a new affidavit or bond to be filed, which may be necessary to
obviate objections to the same ; and in cases of appeals to the circuit courts, the
courts shall allow amendments as aforesaid. And in case a plea in abatement,
traversing the facts set forth in the affidavit, shall be filed, and if, on a trial to be
had thereon, the issue be found for the defendant the attachment shall be quashed.

Sec. 7. Upon the return of any attachment issued by a justice of the peace, if it
shall appear that the defendant has been personally served with the same ; or if such
defendant shall appear without such service, the justice shall proceed to hear and
determine the cause, as in cases of proceeding by summons. But if it does not
appear that the defendant has been served, and no appearance be entered by the de-
fendant as aforesaid, the justice shall continue the case ten days, and shall imme-
diately prepare a notice to be posted up at three public places in the neighborhood of
the justice, directed to the defendant, and stating the fact, that an attachment had
been issued, and at whose instance, the amount claimed to be due, and the time and.
place of trial ; and also stating, that unless the said defendant shall appearm the
time and place fixed for trial, judgment will be entered by default, and the pro-
perty attached ordered to be sold to satisfy the same ; which notice shall be delivered
to the constable, who shall post three copies of the same at three public places in
the neighborhood of the justice, at least eight days before the day set for trial; and
on or before that day he shall return the notice delivered to him by the justice, with
an endorsement thereon, stating the time when and the place where he posted copies
as herein required.

Sec 8. When notices shall be given of any proceedings by attachment, as
required by the seventh section of this chapter, the justice shall, on the day set for
trial of the cause, proceed to hear and determine the same, as though process had
been personally served upon the defendant, and if judgment be given against the
defendant, shall order a sale of the property attached, or so much thereof as will
satisfy the judgment, and all costs of suit. But if the constable shall have failed to
post the notices as herein required, the justice shall again continue the cause, and
require notices to be posted as aforesaid previous to any trial of the cause.

Sec. 9. When any constable shall be unable to find personal property of any
defendant sufficient to satisfy any attachments issued under the provisions of this
chapter he is hereby required to notify any and all persons within his county,
whom the creditor shall designate as having any property, effects or choses in ac-
tion in his possession or power belonging to the defendant, or who are in any wise
indebted to such defendant, to appear before such justice on the return day of the
attachment, then and there to answer upon oath what amount he or she is indebted
to the defendant in the attachment, or what property, effects or choses in action he
or she had in his or her possession or power, at the time of serving the attachment.
The person or persons so summoned, shall be considered as garnishees, and the
constable shall state in his return, the names of all persons so summoned, and the
date of service on each.

Sec 10. When an attachment shall be returned executed upon any person as
garnishee, the justice shall make an entry upon the record of his proceedings in
the cause, stating the name of each person summoned, and continue the case as to
such garnishee, and shall proceed with the cause as against the defendant in the
attachment as though the attachment had been levied on personal property.

Sec 11. When judgment is entered by a justice of the peace against a defend-
ant in attachment, and any person or persons have been summoned as garnishee in

ATTACHMENT BEFORE JUSTICES. 61

the case, it shall be the duty of the justice to issue a summons against each person
so summoned, requiring him or her to appear before the justice at a time and place
to be fixed in the summons, not less than five nor more than fifteen days from the
date thereof, and show cause, if any he or she has, why a judgment shall not be
entered against him or her, for the amount of the judgment and costs against the
defendant in attachment, which summons shall be served and returned by some
constable of the county, and on the return day thereof, if any person so summoned
shall fail to appear, the justice shall enter judgment against the person so failing to
appear, for the amount of the judgment obtained against the defendant in attachment,
and execution shall be issued thereon, as in other cases.

Sec. 12. If any garnishee shall appear at the time and place required by the
constable as aforesaid, and shall upon oath deny all indebtedness to the defendant
in the attachment, and deny having any property or effects or choses in action in his
possession or power belonging to such defendant, the justice shall forthwith dis-
charge him, unless the plaintiff in the attachment shall satisfy the justice by other
testimony that the garnishee was indebted to the defendant in the attachment, or
had property, effects, or choses in action in his possession or power, at the time he
was garnisheed ; in which case the justice shall give judgment in the premises
according to the right and justice of the cause, and issue execution as in other
cases.

Sec. 13. Judgments obtained under the provisions of this chapter, where the de-
fendant has been personally served with process, or shall have appeared to the ac-
tion, shall have the same force and effect as judgments obtained upon a summons ;
but the property attached shall be sold before any execution is issued upon such
judgment, and if such property shall not sell for a sum sufficient to pay the judg-
ment and costs, execution may be issued to collect the balance.

Sec. 14. Judgments obtained under the provisions of this chapter, when the de-
fendant has not been personally served with process, and no appearance being en-
tered, shall only authorize a sale of the property levied upon, and proceedings
against garnishees to collect the amount thereof. Defendants in attachments issued
under the provisions of this chapter, where property may be levied upon, or the person
in whose possession the property may be found, may retain possession of such pro-
perty upon executing a bond to the plaintiff in the attachment with good security, in
a penalty of double the amount claimed by the attachment, conditioned that the pro-
perty shall be delivered to any constable of the county whenever demanded, to be
sold in satisfaction of any judgment which may be obtained in the attachment suit,
or in case the property is not delivered, that the obligors will pay and satisfy the
said judgment and costs ; and when a bond shall be executed, the constable shall re-
turn the same with the attachment, and upon a breach of any condition thereof, the
plaintiff shall have a right to prosecute suit thereon, and to recover the amount due
upon his judgment and costs.

Sec 15. In all cases arising under the previsions of this chapter, when two or
more attachments shall be levied on the same properly, or be proved on the same
garnishee, and judgment shall be entered on the same day, the proceeds of the pro-
perty attached, or the money obtained from garnishees, shall be divided amonc the
several plaintiffs in attachment, according to the amount of their judgments respec-
tively: Provided, That when the property sought to be attached shall have been
removed from the county in which the attachment issued, and shall be overtaken
and returned to such county, the claim of such attaching creditor shall have priority
over attachments subsequently issued.

62

ATTACHMENTS IN CIRCUIT COURTS.

Sec. 16. Persons summoned as garnishees, may setup the same defence in trials
under this chapter, as they might against the defendant in the attachment; and may,
in like manner, make any set-off against the defendant, whether the same be due
or not.

Sec 17. Whenever judgment shall have been rendered against any garnishee,
and it shall appear that the debt from him to the defendant in the attachment, is
not yet due, execution shall not issue against him until twenty days after the same
shall become due : Provided, The plaintiff may swear out execution as in other
cases, after said debt becomes due.

Sec. 18. Any garnishee having effects of the defendant in his hands, may, by
delivering the same, or any part thereof to the constable, and taking his receipt
therefor, be discharged from his liability respecting such effects so delivered.

Sec. 19. When two or more persons not residing in this State, are jointly indebt-
ed, either as joint obligors, partners or otherwise, the writ or writs of attachment
may be issued against the separate and joint estate of such debtors, or any of them,
either by their proper names, or by, or in, the name or style of the partnership, or
by whatever other name or names such joint debtors shall be generally reputed,
known or distinguished in this State, or against the heirs, executors or administra-
tors of them or either of them ; and the goods, chattels, rights, credits and effects
of such debtors, or either or any of them shall be liable to be seized and taken for
the satisfaction of any just debt or other legal demand, and may be sold to satisfy
the same.

Sec 20. The right of property may be tried, and appeals taken in all cases
arising under this chapter, in the same manner, as when property is taken on exe-
cution, or judgment rendered in ordinary cases.

Sec 21. The affidavit required in the first section of this chapter may be sworn
to in the manner prescribed in section thirty-two of chapter nine of the Revised
Statutes.

Sec 22. This chapter shall be construed in all courts in the most liberal man-
ner for the detection of fraud.

Sec 23. The provisions of chapter one of the Revised Statutes shall apply as
well to suits in attachment, as to other cases.

Approved : March 3, 1845.

CHAPTER IX.
ATTACHMENTS IN CIRCUIT COURTS.

Section

1. Affidavit of indebtedness to be filed; its con-

tents; writ may issue; against what pro-
perty.

2. Form of writ.

3. Officer to execute writ ; on what property ; to

what amount; may pursue and retake property;
personal service of writ on defendant; return
of writ.

Section

4. Bond required before writ issues ; bond and affi-

davit to be filed ; when writ void.

5. Condition of bond.

6. Proceedings against joint debtors.

7. Proceedings against defendants by reputed names,

titles, &c, valid; proceedings may be had
against heirs, &c, of deceased persons.

8. Want of form not fatal, if amended; writ quash-

ed, if, on trial had, issue be for defendant.

ATTACHMENTS IN CIRCUIT COURTS.

63

Section
9. Officer attaching to retain property, unless bond
be given for its forthcoming ; then, to be res-
tored.

10. If bond forfeited, may be assigned to plaintiff; or

judgment may be against the sheriff; remedy
of sheriff

11. Proceedings against sheriff, when he fails tore-

turn sufficient bond.

12. When sufficient property is not found, sheriff

to summon garnishees.

13. When defendant is not personally served, pub-

lication to be made ; defendant not required to
give bond.

14. On return of writ published notice to be given;

contents of notice; if defendant appear and
give bail, property to be liberated and garnishee
discharged.

15. If no defence is made, judgment; estate attached

to be jold; judgment against garnishee ; eflect
thereof.

16. Conditional judgment, when to be entered against

garnishee ; sci. fa. to issue ; further proceedings.

17. When judgment is had against garnishee and his

debt to defendant is not due, execution stayed ;
no judgment on negotiable instruments not due.

18. Plaintiff may file interrogatories and compel gar-

nishee to answer; duty of garnishee.

19. If garnishee does not make true return, trial to

be had; judgment in such case and its effect.

20. Testimony of non-resident witnesses, how taken.

21. Other parties interested, may interplead; trial

of right of property.

Section

22. Effect of judgment by default ; and of judgment

on appearance and trial.

23. Goods of a perishable nature may be sold, if not

replevied; money, how applied.

24. When live stock is attached, it maybe fed; sher-

iff's compensation therefor.

25. Defendant may be allowed to set off claims against

plaintiff; garnishee may be allowed to set off
claims against both.

26. When several judgments at same time, creditors

to be paid out of effects, pro rata ; proviso, credi-
tor retaking removed property has preference.

27. Attachments may be served on Sunday, in cer-

tain cases.

28. Either party may have appeal or writ of error;

may try the right of property.

29. Plaintiff desiring return of property, to give

bond for payment of judgment; attachment to
be dissolved and property restored, and all pro-
ceedings set aside.

30. Plaintiff may have writ of attachment pending a

suit at law, in aid thereof.

31. When writ issues to other county, sheriff

thereof shall levy and return as in other cases.

32. Before what officer affidavit shall be sworn to ;

when sworn to out of State, how authenticated.

33. Non-resident joint debtors, proceedings against;

whose property liable in such cases.

34. Construction of this chapter liberal for the de-

tection of fraud.

35. As to abatement of suits in attachment.

Section 1. If any creditor, his agent or attorney shall file an affidavit in the
office of the clerk of the circuit court of any county in this State, setting forth that
any person is indebted to such creditor, in a sum exceeding twenty dollars, stating
the nature and amount of such indebtedness as near as may be, and that such debtor
has departed, or is about to depart from this State, with the intention of havino- his
effects removed from this State ; or is about to remove his property from this State,
to the injury of such creditor ; or that such debtor conceals himself, or stands in
defiance of an officer, so that process can not be served upon him ; or is not a resi-
dent of this State, it shall be lawful for such clerk to issue a writ of attachment,
directed to the sheriff of his county, returnable like other writs, commanding him
to attach the lands, tenements, goods, chattels, rights, credits, moneys and effects of
said debtor, of every kind, or so much thereof as will be sufficient to satisfy the
claim sworn to, with interest and costs of suit, in whose hands or possession the
same may be found.

Sec 2. The writ of attachment required in the preceding section shall be
substantially in the following form :

"The people of the State of Illinois, to the sheriff of county, greeting :

Whereas, A. B. (or agent or attorney of A. E. as the case may be,) hath com-
plained on oath (or affirmation) to clerk of the circuit court of county,
that C. D. is justly indebted to the said A. B. to the amount of , and oath (or
affirmation) having been also made, that the said C. D. resides out of this State or
absconds, or conceals himself or herself, or stands in defiance of a civil officer
authorized to arrest him or her with civil process, so that the ordinary process of
law can not be served upon him, or is about to depart this State with intention to
have his effects and personal estate removed without the limits of the same, or has
left the State with the intention of having his effects and personal estate removed
therefrom (as the case may be) and the said having given bond and security
according to the directions of the act in such case made and provided : We there-

64 ATTACHMENTS IN CIRCUIT COURTS.

fore command you, That you attach so much of the estate, real or personal, of the
said C. D. to be found in your county, as shall be of value sufficient to satisfy the
said debt and costs according to the complaint : and such estate so attached in your
hands to secure, or so to provide, that the same may be liable to further proceed-
ings thereupon, according to law, at a court to be holden at for the county of

upon the day of next, so as to compel the said CD. to appear and
answer the complaint of the said A. B., and that you also summon as garnishee,
to be and appear at the said court on the said day of next, then and there
to answer to what may be objected against him, when and where you shall make
known to the said court how you have executed this writ, and have you then and
there this writ. Witness, clerk of the said court, this day of in the
year of our Lord," &c, which attachment shall be signed, by the clerk, and the
seal of the court affixed thereto.

. Sec. 3. Such officers shall, without delay, execute such writ of attachment upon,
the lands, tenements, goods, chattels, rights, credits, moneys and effects of the debtor,
of sufficient value to satisfy the claim sworn to, with costs of suit, as commanded
in said writ. If the defendant, or any person for him, shall be in the act of remov-
ing any personal property, the officer may pursue and take the same in any county
in this State, and return the same to the county from which such attachment issued.
He shall also serve said writ upon the defendant therein if he can be found, by rea-
ding the same to him or delivering a copy thereof. The return to such writ shall
state the particular manner in which the same was served.

Sec. 4. Every clerk before granting an attachment as aforesaid, shall take bond
and security from the party for whom the same shall be issued, his or her agent or
attorney, payable to the defendant in double the sum sworn to be due, conditioned for
satisfying all costs which may be awarded to such defendant, or to any others inter-
ested in said proceedings, all damages which shall be recovered against the plaintiff
for wrongfully sueing out such attachment ; which bond, with affidavit or affirmation
of the party complaining, his or her agent, or attorney, shall be filed in the office of
the clerk granting the attachment. Every attachment issued Without a bond and
affidavit taken and returned as aforesaid, is hereby declared illegal and void, and
shall be dismissed.

Sec 5. The condition of the bond required in the preceding section, shall be
substantially in the following form :

" The condition of this obligation is such, that whereas the above bounden
hath, on the day of the date hereof, prayed an attachment out of the circuit court of
said county, at the suit of against the estate of the above named for the sum of

and the same being about to be sued out of said court, returnable on the
day of next, to the term of the court then to be holden : Now if the said
shall prosecute his suit with effect, or in case of failure therein shall well and truly
pay and satisfy the said all such costs in said suit, and such damages as shall be

awarded against the said his heirs, executors or administrators, in any suit or
suits which may hereafter be brought for wrongfully sueing out the said attachment,
then the above obligation to be void, otherwise to remain in full force and effect."

Sec 6. In all cases where two or more persons are jointly indebted, either as
partners or otherwise, and an affidavit shall be filed as provided in the first section
of this chapter, so as to bring one or more of such joint debtors within its provis-
ions, and amenable to the process of attachment, then the writ of attachment shall
issue against the property and effects of such as are so brought within the provis-

ATTACHMENTS IN CIRCUIT COURTS. 65

ions of this chapter; and the officer shall be also directed in said writ to summon
all such joint debtors as may be named in the affidavit filed in the case, to answer
to the said action, as in other cases of attachment.

Sec. 7. It shall be sufficient in all cases of attachment, to designate defendants
by their reputed names, by surnames, and joint defendants by their separate or
partnership names, or by such names, styles or titles as they are usually known ;
and heirs, executors and administrators of deceased defendants shall be subject to
the provisions of this chapter, in all cases in which it may be applicable to
them.

Sec 8. No writ of attachment hereafter to be issued shall be quashed, nor the
property taken thereon restored, nor any garnishee discharged, nor any bond by
him given cancelled, nor any rule entered against the sheriff discharged, on account
of any insufficiency of the original affidavit, writ of attachment or attachment bond,
if the plaintiff, or some credible person for him, shall cause a legal and sufficient af-
fidavit or attachment bond to be filed, or the writ to be amended in such time and
manner as the courts shall in their discretion direct ; and in that event the cause shall
proceed as if such proceedings had originally been sufficient : Provided, That in
case any plea in abatement traversing the facts in the affidavit shall be filed, and a
trial shall be thereon had, if the issue shall be found for the defendant, the attach-
ment shall be quashed.

Sec 9. The officer serving the writ, shall take and retain the custody and pos-
session of the property attached, to answer and abide by the judgment of the court,
unless the person in whose possession the same may be found, shall enter into bond
and security to the officer, to be approved by him, in double the value of the .proper-,
ty so attached, with condition that the said estate and property shall be forthcoming
to answer the judgment of the court in said suit. The sheriff shall return such bond
to the court in which the suit is brought, on the first day of the term to which
such attachment is returnable.

Sec 10. If such bond shall be forfeited, the sheriff may assign such bond to the
plaintiff in the attachment, by a writing thereon, under his hand, in the presence of
two or more credible witnesses, and after such assignment the plaintiff may bring a
suit in his own name thereupon. If the plaintiff will not accept such assignment of
such bond, and the court shall adjudge such security insufficient, such sheriff shall
be subject to the same judgment and recovery, and have the same liberty of de-
fence as if he had been made defendant in the attachment, unless good and sufficient
security shall be given, and bond filed during the term of the court to which such
attachment is returnable, at which term the objections to the sufficiency of the secu-
rity taken, shall be made to entitle the party sueing out the attachment, to proceed
against the sheriff; and execution may issue thereupon as in other cases of judgment.
And whenever the judgment of the plaintiff, or any part thereof, shall be paid or
satisfied by any such sheriff, he shall have the same remedy against the defendant
for the amount so paid by him, as is now provided by law for bail against their
principal, where a judgment is paid or satisfied by them.

Sec 11. If the sheriff shall fail to return a bond taken by virtue of the provis-
ions of this chapter, or shall have neglected to take one when he ought to have dqne
so, in any attachment issued under any provisions of this chapter, the plaintiff-iri the,
attachment may cause a rule to be entered at any time during the first two days of the
term, to which the writ is returnable, requiring the said sheriff to return the said
bond ; in case no bond has been taken, to shew cause why such bond was not taken,

5

qq ATTACHMENTS IN CIRCUIT COURTS.

If the said sheriff shall not return the said bond within one day thereafter, or shew
legal and sufficient cause why the said bond had not been taken, judgment shall be
entered up against him for the amount of the plaintiff's demand, with costs of suit ;
execution may thereupon issue for the same, whenever judgment shall have been
entered against the defendant in the attachment.

Sec. 12. When the sheriff shall be unable to find property of any defendant,
sufficient to satisfy any attachment issued under the provisions of this chapter, he
is hereby required to summon all persons within his county, whom the creditor
shall designate, as having any property, effects, or choses in action, in their posses-
sion or power belonging to the defendant, or who are in any wise indebted to such
defendant, to appear before the court to which the writ is returnable, on the return
day of the attachment, then and there to answer upon oath, what amount they are
indebted to the defendant in the attachment, or what property, effects or choses in
action he or she had in his or her possession or power, at the time of serving the
attachment. The person or persons so summoned, shall be considered as garni-
shees, and the sheriff shall state in his return, the names of all persons so summon-
ed, and the date of service on each.

Sec 13. When any attachment shall be issued out of the circuit court and levied
or served on a garnishee, it shall be the duty of the sheriff to return the same if re-
quired by the plaintiff, and on return thereof, the clerk shall give notice for four
weeks successively in some newspaper published in this State, most convenient to
the place where the court is held, of such attachment, and at whose suit, against
whose estate, for what sum, and before what court the same is pending, and that
unless the defendant shall appear on the return day of such writ, judgment will be
entered, and the estate attached will be sold : Provided, That in case of foreign
attachment, if sixty days shall not intervene between the first insertion of such
notice, and the first term of the court, then the cause shall be continued until the
next term of the court. Any defendant in attachment may appear and plead, with-
out giving bail or entering into any bond.

Sec 14. On the return of any writ of attachment against a defendant, it shall
be the duty of the clerk of the court in which the suit is pending, to give notice for
four weeks successively in some newspaper published in this State, most convenient
to the place where the court is held, of such attachment, and at whose suit,
against whose estate, for what sum, and before what court the same is pending ;
and that unless the defendant shall appear, give bail, and plead within the time
limited for his or her appearance in such case, judgment will be entered, and the
estate so attached will be sold. If the defendant appear, put in sufficient bail, and
plead as aforesaid, his estate so attached shall be liberated, and the garnishee or
garnishees, if any, discharged.

Sec 15. If any attachment as aforesaid shall be returned executed, and the estate
attached shall not be replevied, or defence shall not be made as this chapter directs,
the plaintiff shall be entitled to judgment for his whole debt and costs, having estab-
lished the existence of such debt, by legal testimony, and may thereupon take
execution for the same according to law, as provided in other cases in debt. All
the estate attached and not replevied, shall be sold for, and towards satisfying the
plaintiff's judgment in the same manner as such property is required to be when
taken in execution on a writ of fieri facias. Where an attachment shall be returned
served in the hands of any garnishee, it shall be lawful upon his or her appearance
and examination in the manner as is by this chapter directed, to enter up judgment and

ATTACHMENTS IN CIRCUIT COURTS. 67

award execution against every such garnishee, judgment havirg been first entered
against the original debtor, for all sum or sums of money due from him or them, to the
defendant in the attachment, or in his, her, or their custody, or possession, for the
use of such original debtor, or so much thereof as shall be of value sufficient to sat-
isfy the debt and costs of the complaint. All goods and effects whatsoever in the
hands of any garnishee or garnishees belonging to such defendant, shall also be liable
to satisfy such judgment.

Sec. 16. Where any garnishee shall be summoned by the sheriff or other officer
in the manner aforesaid, and shall fail to appear and discover on oath or affirmation,
as by this chapter, is directed, it shall be lawful for the court, after solemnly calling
the garnishee, and such court is hereby authorized and required to enter a condi-
tional judgment against such garnishee, and thereupon a scire facias shall issue
against such garnishee, returnable to the next term of the court, to shew cause if any
he have, why final judgment should not be entered against him upon such scire
facias being duly executed and returned ; if such garnishee shall fail to appear,
accordingly, and discover on oath or affirmation in the manner aforesaid, the
court shall confirm such judgment and award execution for the plaintiff's whole
judgment and costs, and if upon the examination of any garnishee, it shall appear
to the court that there is any of the defendant's estate in the hands of any
person or persons who have not been summoned, such court shall, upon motion
of the plaintiff, grant a judicial attachment, to be levied upon the property in
the hands of such person or persons having any of the estate of the defendant in his
or their possession or custody, who shall appear and answer, and be liable as other
garnishees. When any garnishee shall deliver to the sheriff all the goods, chattels
and effects whatsoever, found or confessed to be in his or her possession belonging
to the defendant, or any part thereof, the same shall be received in discharge of so
much of the judgment as the same shall be appraised to by the jury aforesaid, who
shall enquire and return the value thereof, according to the evidence which may be
submitted to them relative thereto.

Sec. 17. Whenever judgment shall be rendered against any garnishee, and it
shall appear that the debt from him to the defendant in the attachment is not yet
due, execution shall not issue against him until twenty days after the same shall
become due ; nor shall judgment be rendered against a garnishee, for a debt founded
on a negotiable instrument, unless the same shall be due at the time of rendering the
judgment.

Sec. 18. If any such writ of attachment shall be served as aforesaid, it shall
and may be lawful for any such plaintiff at any time during the return term of the
said court, to prepare, exhibit and file, all and singular such allegations and inter-
rogatories in writing, upon which he or she shall be desirous to obtain, and compel
the answer of any and every garnishee, touching the lands, tenements, goods,
chattels, moneys, credits and effects of the said defendants, and the value thereof, in
his, her or their possession, custody or charge, or from him, her or them, due and
owing to the said defendant at the time of the service of the said writ, or at any
time after, or which shall or may thereafter become due ; and it shall be the duty of
each and every such garnishee, to exhibit and file under his oath or affirmation, on
or before the third day of the next succeeding term, full, direct and true answers to
all and singular the allegations and interrogatories by the said plaintiff supported,
exhibited and filed, in the manner herein before directed and described.

Sec. 19. Whenever the plaintiff in any attachment shall allege, that any garnishee
summoned in such attachment, hath not discovered the true amount of debts due

OS ATTACHMENTS IN CIRCUIT COURTS.

from him to the defendant, or what goods and chattels belonging to the defendant,
are in his or her possession, the court shall direct, without the formality of pleading,
a jury to be empannelled immediately, (unless good cause be shown by either party
for a continuance,) to enquire what is the true amount due from such garnishee to
the defendant, and what goods and chattels are in his possession, belonging to the
defendant. Upon such examination, witnesses may be examined by the respective
parties, as in ordinary cases. If the finding of the jury shall be against such gar-
nishee, the court shall grant judgment in the same manner as if the facts found by
the jury had been confessed by him or her, on his or her examination, and costs of
inquest ; and if the jury find in favor of the garnishee, he shall recover his costs
against the plaintiff.

Sec. 20. Where any witness resides out of the State, or out of the county in which
any attachment may be pending, and in which the testimony of such witness may
be required, it shall be lawful for either party or garnishee in such attachment, on
filing interrogatories with the clerk of the court from which such attachment has
issued, and giving ten days' notice of the time and place of taking such testimony,
by serving a copy of such notice on the opposite party, or if such party shall be
absent from, or reside out of the county, then by affixing a notice in writing thereof
on the door of the court house of such county, at least ten days before the day set
for the taking thereof, to obtain a commission from the clerk of the court to take the
testimony of such witness or witnesses on such interrogatories ; such examination
may be read on the trial on motion of either of the parties or garnishee.

Sec. 21. In all cases of attachment, any person other than the defendant, claiming
the property attached, may interplead without giving bail, but the property attached
shall not thereby be replevied; and the court shall immediately (unless good cause
be shewn by either party for a continuance,) direct a jury to be empannelled to
enquire into the right of property ; in all cases where the jury find for a claimant,
such claimant shall be entitled to his costs ; and where the jury find for the plaintiff
in the attachment, such plaintiff shall recover his costs against such claimant.

Sec 22. If judgment by default shall be entered on any attachment against the
estate of the defendant, in any court of this State, no execution shall issue thereon
except against the goods and chattels, lands and tenements, on which the attachment
may have been served, or against a garnishee or garnishees, who shall have money
or other property in his or their hands belonging to the defendant : if the defendant
shall appear, put in bail, and plead to the suit, the judgment rendered therein shall
have the same force and effect as if a capias ad respondendum had been served on
the person of the defendant.

Sec 23. When any goods and chattels shall be levied on by virtue of any attach-
ment, and the sheriff or other proper officer, in whose custody such goods and
chattels are, shall be of opinion that the same are of a perishable nature, and in
danger of immediate waste and decay, such sheriff or other officer as aforesaid, shall
summon three respectable freeholders of his county, who shall examine the goods
and chattels so levied on ; and if the said freeholders shall on oath or affirmation
certify that, in their opinion, they are of a perishable nature, and in danger of imme-
diate waste and decay, and if the person or persons to whom such goods and chattels
belong, his, her or their agent or attorney, shall not within twenty days after serv-
ing such attachment, replevy the same, then such goods and chattels shall be sold at
public vendue by the sheriff or other proper officer, he having first advertised such
sale at the court house, and two other public places in his county, at least ten days

ATTACHMENTS IN CIRCUIT COURTS. 69

before the sale; the money arising from such sale shall be liable to the judgment
obtained upon such attachment, and deposited in the hands of the clerk of the court
to which the process shall be returnable, there to abide the event of such suit.

Sec. 24. When any sheriff or other officer shall serve an attachment on slaves, or
indentured or registered colored servants, or horses, cattle or live stock, and the
same shall not be immediately replevied or restored to the debtor, it shall and may
be lawful for such officer, and he is hereby required to provide sufficient sustenance
for the support of such slaves indentured, or registered colored servants, and live
stock, until the same shall be sold, or otherwise legally disposed of, or discharged
from such attachment. He shall receive therefor a reasonable compensation, to
be ascertained and determined by the court out of which the attachment issued, and
the same shall be charged in the fee bill of such officer, and shall be collectable as
part of the costs in the attachment.

Sec 25. Any defendant against whom an attachment may be sued out under the
provisions of this chapter, or garnishee, may avail himself in his defence of any set-off
properly pleadable by the laws of this State, notwithstanding such set-off may not
be due at the time of sueing out such attachment, or at the trial thereof ; any claim
due or not due, maybe setoff by the garnishee, whether it exist against the plaintiff
or defendant in the attachment.

Sec. 26. In all cases where more than one attachment shall be issued against the
same person or persons, and returned to the same term of the court to which they
are returnable, or when a judgment in a civil action shall also be rendered at the
same term against the defendant, who is the same person and defendant in the
attachment or attachments, the court shall direct the clerk to make an estimate of
the several amounts each attaching or judgment creditor will be entitled to out of
the property of the defendant attached, either in the hands of any garnishee or
otherwise, after the sale and receipt of the proceeds thereof by the sheriff, calcula-
ting such amount in proportion to the amount of their several judgments, with costs,
as the same will respectively bear to the amount of the sum received, so that each
attaching and judgment creditor will receive his just part thereof in the proportion to
his respective demand; the clerk shall thereupon certify the several amounts thereof
to the sheriff, who shall pay over to the respective parties the several sums so
certified, and endorse such payments on their respective executions : Provided^
That when the property sought to be attached, shall have been removed from the
county in which the attachment issued, and shall be overtaken and returned to such
county, the claim of such attaching creditor or creditors, shall have priority over
other attachments.

Sec 27. On proof being made before any judge or justice of the peace, or clerk
of the circuit court within this State, that a debtor is actually absconding, or con-
cealed, or stands in defiance of an officer duly authorized to arrest him on civil
process as aforesaid, or has departed this State with the intention of having his
effects and personal estate removed out of the State, or intends to depart with such
intention, it shall be lawful for the clerk to issue, and sheriff or other officer to
serve an attachment against such debtor, on a Sunday as on any other day, as is
directed in this chapter.

Sec 28. The plaintiff or defendant in any attachment, the garnishee and the
sheriff, or either of them, who may feel aggrieved by the judgment of the court,
may prosecute writs of error, and take appeals as by law is provided in other cases ;
and trials of the right of property may be had in the same manner as when property
is taken in execution.

70 ATTACHMENTS IN CIRCUIT COURTS.

Sec. 29. Any defendant in attachment, desiring the return of property attached,
may, at his option, instead of the bond required in the ninth section of this chapter,
give like bond and security, in a sum sufficient to cover the debt and damages sworn
to in behalf of the plaintiff, with all interest, damages and costs of suit, conditioned
that the defendant will pay the plaintiff the amount of the judgment and costs which
may be rendered against him in that suit, on a final trial, within ninety days after
such judgment shall be rendered. In term time, a recognizance, in substance as
aforesaid, may be taken in open court, and entered of record, in which case the
court shall approve of the security and the recognizance made to the plaintiff. In
either case, the attachment shall be dissolved, and the property taken restored,
and all previous proceedings either against the sheriff or against the garnishees,
set aside, and the cause shall proceed as if the defendant had been seasonably
served with a writ of summons.

Sec. 30. Plaintiffs in any action of debt, covenant or trespass, or on the case
upon promises, having commenced their action or actions, by summons, may, at any
term pending such suit, and before judgment therein, on tiling in the office of the
clerk where such action is pending, a sufficient affidavit and bond, sue out an attach-
ment against the lands and tenements, goods and chattels, rights, moneys, credits and
effects of the defendant, which attachment shall be entitled in the suit pending and
be in aid thereof, and such proceedings shall be thereupon had, as are required or
permitted in original attachments, in all things as near as may be.

Sec 31. When any attachment has issued out of the circuit court in any
county, it shall be lawful for the plaintiff, at any time before judgment, to cause an
attachment to be issued to any other county of this State, where the defendant may
have lands, goods, chattels, rights, credits or effects, which writ of attachment, the
sheriff to whom it shall be directed shall levy on the lands, goods, chattels, rights,
credits and effects of the defendant in such county, and make return thereof as in
other cases.

Sec. 32. The affidavit required in the first section of this chapter maybe sworn
to before any officer authorized by the laws of this State to administer oaths, or by
any officer of any State, territory or district of the United States ; the fact that the
person administering such oath is duly authorized, to be proved in the same man-
ner as in the acknowledgment and authentication of deeds.

Sec. 33. When two or more persons not residing in this State, are jointly
indebted, either as joint obligors, partners or otherwise, then the writ or writs of
attachment shall and may be issued against the separate estate of such debtors, or
any of them, or against the heirs, executors or administrators of them or either of
them ; and the lands and tenements, goods and chattels, rights, credits and effects of
such debtors or either of them, shall be liable to be seized and taken for the
satisfaction of any just debtor other legal demand, and may be sold to satisfy the
same.

Sec. 34. This chapter shall be construed in all courts in the most liberal man-
ner for the detection of fraud.

Sec 35. The provisions of chapter one of the Revised Statutes shall be
applicable as well to proceedings in attachment as to other cases.

Approved : March 3, 1845.

CHAPTER X.

ATTACHMENTS OF BOATS AND VESSELS.

Section

1 . Boats, vessels, &c. may be attached ; for what

claims; claims of mariners, &c. , preferred.

2. Claimant may have attachment in county in

which boat is found, on malting affidavit and
giving bond ; to whom bond given ; remedies of
injured parties under it.

3. On return of writ, declaration to be tiled; its

contents; bill of particulars to be filed; trial;
judgment ; execution.

Section

4. Engineers, pilots, &c, may attach for arrears of

wages.

5. If sufficient bond be given, boat may be re-

leased.

6. Attachment not to affect other creditors, &c,

after three months from time debt accrued.

Section 1. Boats and vessels of all descriptions, built, repaired or equipped,
or running upon any of the navigable waters within the jurisdiction of this State,
shall be liable for all debts contracted by the owner or owners, masters, super-
cargoes or consignees thereof, on account of all work done, supplies or materials
furnished by mechanics, tradesmen and others, for, on account of, or towards
the building, repairing, fitting, furnishing or equipping such boats and vessels, their
engines, machinery, sails, rigging, tackle, apparel and furniture ; and such debts
shall have the preference of all other debts due from the owners, or proprietors,
except the wages of mariners, boatmen and others, employed in the service of such
boats and vessels which shall first be paid.

Sec 2. Any person having a demand, contracted as before mentioned, against
any such boat or vessel, may have an attachment to be issued out of any court, or
by any justice of the peace having jurisdiction thereof, in any county in this State,
in which such boat or vessel may be found, either against the owner or owners,
by their proper names, or by the name and style of their co-partnership, if known,
otherwise against such boat or vessel, by her name or description only, authori-
zing and directing the seizure and detention of the same, with her engine, machin-
ery, sails, rigging, tackle, apparel and furniture, by the sheriff or constable, upon
affidavit being made of the justice of such demand, and bond given by the plaintiff,
as in other cases of attachment : Provided., That in all cases, where such proceed-
ings are instituted ngainst such boat or vessel by her name or description only, the
bond to be given by the plaintiff, shall be made payable to the people of the State
of Illinois, but for the use and benefit of the owner or owners of such boat or ves-
sel, who may institute a suit thereon, if damages be occasioned by the issuing of
such attachment, and have recovery thereon in the same manner as if said bond had
been given to such person or persons by their proper names, or in the name and
style of their co-partnership.

Sec 3. Upon the return of such attachment, the person or persons having;
demands of the description aforesaid, and for whose benefit such attachment was
issued, shall file a written declaration or statement, against such boat or vessel,
by her name or description, or against the owner or owners, if known as aforesaid,
briefly reciting the nature of the demand, whether for work done, or materials,
firewood, or supplies of provisions furnished, and whether at the request, of the

72 ATTORNEYS AND COUNSELLORS AT LAW.

owner, master, supercargo, or consignee of such boat or vessel, and that such
demand remains unpaid ; annexing to such declaration or statement, a bill of the par-
ticulars constituting such demand, in separate and distinct items ; and the like pro-
ceedings shall be had in all other respects, and the like judgment and execution as
in other cases of attachment.

Sec. 4. All engineers, pilots, mariners, boatmen and others employed in any
capacity, in or about the service of any such boat or vessel, who may be entitled
to arrearages of wages in consequence of such service, may proceed to collect such
wao-es under the provisions of this chapter, and shall be entitled to all the benefits
hereof.

Sec. 5. If the owner or owners, master, supercargo or consignee of any such
boat or vessel, seized by attachment as aforesaid shall, at any time before final
judgment, give bond to the plaintiff, with security to be approved by the clerk of
the circuit court, or by the judge in term time, (or justice of the peace as the case
may be,) in double the amount of the demand sued for, and a sufficiency to dis-
charge all costs which may accrue thereon, conditioned to pay and satisfy such judg-
ment as the court (or justice of the peace) may render against such boat or vessel
or defendant party, together with the costs of suit, then such boat or vessel shall be
forthwith discharged from such attachment, seizure and detention ; but shall never-
theless, be liable to be taken and sold on any execution to be issued on such judg-
ment or upon the judgment which may be rendered at any time on the bond required
to be given by the defendant party as aforesaid.

Sec 6. No creditor shall be allowed to enforce the lien created under the
provisions of this chapter, as against, or to the prejudice of any other creditor, or
subsequent incumbrancer, or bona fide purchaser, unless suit be instituted to en-
force such lien as provided in this chapter, within three months after the indebted-
ness accrues or becomes due, according to the terms of the contract.

Approved: March 3, 1845.

CHAPTER XL

ATTTOMEYS AND COUNSELLORS AT LAW.

Section i Section

1 . No person permitted to practice as attorney, I 7. Certain officers not to practice as attorneys at

&.c, without license ; rights. law ; attorneys to take oath before being en-

2. Certificate of moral character. rolled.

3. Clerk of supreme court to keep roll, on which | 8. Oath of office,
names of attorneys shall be entered ; oath to j 9. Persons licensed in other States may practice in

be endorsed on license.

No person shall practice, unless enrolled; jus-
tices of supreme court may strike from the
roll for mal-conduct in office.

If attorney refuses or neglects to pay over
money collected, how punished.

Attorneys, judges, fc.c, may be arrested and
held to bail, but privileged when attending
court.

this State.

10. Fees, fee, received by person not licensed, may
be recovered back ; penalty for signing rec-
ords, &c, if not authorized.

11 Taities may prosecute and plead in person;
nothing herein to affect attorneys already ad-
mitted.

12. Attorneys from neighboring Slates may practice
in this State.

ATTORNEYS AND COUNSELLORS AT LAW. 73

Section 1. No person shall be permitted to practice as an attorney or counsel-
lor at law, or to commence, conduct, or defend any action, suit or plaint, in which
he is not a party concerned, in any court of record within this State, either by
using or subscribing his own name, or the name of any other person, without
having previously obtained a license for that purpose from some two of the justices
of the supreme court, which license shall constitute the person receiving the same
an attorney and counsellor at law, and shall authorize him to appear in all the
courts of record within this State, and there to practice as an attorney and counsel-
lor at law, according to the laws and customs thereof, for and during his good
behavior in said practice, and to demand and receive all such fees as are or
hereafter may be established for any services which he shall or may render as an
attorney and counsellor at law in this State.

Sec 2. No person shall be entitled to receive a license as aforesaid, until he
shall have obtained a certificate from the court of some county, of his good moral
character.

Sec. 3. It shall be the duty of the clerk of the supreme court to make and
keep a roll or record, stating at the head or commencement thereof, that the persons
whose names are therein written, have been regularly licensed and admitted to
practice as attorneys and counsellors at law within this State, and that they have
duly taken the oath to support the constitution of the United States and of this
State, and also the oath of office as prescribed by law, which shall be certified and
endorsed on the said license.

Sec 4. And no person whose name is not subscribed to or written on the said
roll, Avith the day and year when the same was subscribed thereto, or written
thereon, shall be suffered or admitted to practice as an attorney or counsellor at
law within this State, under the penalty hereinafter mentioned, any thing in this
chapter to the contrary notwithstanding ; and the justices of the supreme court, in
open court, shall have power at their discretion, to strike the name of any attorney
or counsellor at law from the roll for mal-conduct in his office.

Sec 5. In all cases when an attorney of any court in this State, or solicitor in
chancery, shall have received, or may hereafter receive, in his said office of attorney
or solicitor, in the course of collection or settlement of any claim left with him for
collection or settlement, any money or other property belonging to any client, and
shall, upon demand made, and a tender of his reasonable fees and expenses, refuse
or neglect to pay over or deliver the same to the said client, or to any person duly
authorized to receive the same, it shall be lawful for any person interested, to apply
to the supreme court of this State, for a ride upon the said attorney or solicitor, to
show cause, at a time to be fixed by the said court, why the name of the said attor-
ney or solicitor should not be stricken from the roll; a copy of which rule shall be
duly served upon said attorney or solicitor, at least two days previous to the day
upon which said rule shall be made returnable : and if, upon the return of said
rule, it shall be made to appear to the said court, that such attorney or solicitor has
improperly refused or neglected to pay over or deliver said money or property so
demanded as aforesaid, it shall be the duty of the said court to direct that the name
of the said attorney or solicitor be stricken from the roll of attorneys in said
court.

Sec 6. Every attorney, before his name is stricken off the roll, shall receive a
written notice from the clerk of the supreme court, stating distinctly the grounds of
complaint, or the charges exhibited against him, and he shall, after such notice, be

74 ATTORNEYS AND COUNSELLORS AT LAW.

heard in his defence, and allowed reasonable time to collect and prepare testimony
for his justification. And every attorney whose name shall at any time be stricken
from the roll by order of the court in manner aforesaid, shall be considered as
though his name had never been written thereon until such time as the said justices,
in open court, shall authorize him to sign or subscribe the same.

Sec. 7. All attorneys and counsellors at law, judges, clerks and sherhTs, and
all other officers of the several courts witbin this State, shall be liable to be arres-
ted and held to bail, and shall be subject to the same legal process, and may in all
respects be prosecuted and proceeded against in the same courts, and in the same
manner as other persons are, any law, usage or custom to the contrary notwith-
standing: Provided nevertheless, Said judges, counsellors, or attorneys, clerks,
sheriffs and other officers of said courts, shall be privileged from arrest while
attending courts, and whilst going to and returning from court.

Sec. 8. No person who holds a commission, as a justice of the supreme court,
or as judge of any circuit court, or county commissioner, shall be permitted to
practice as an attorney or counsellor at law in the court in which he presides as
justice of the supreme or circuit court, or county commissioner ; nor shall any coro-
ner, sheriff, deputy sheriff, jailer or constable, be permitted to practice as aforesaid
in the county in which he is commissioned or appointed, nor shall any clerk of the
supreme court, circuit court, or court of the county, be permitted to practice as an
attorney or counsellor at law in the court of which he is clerk, and no person shall
be permitted or suffered to enter his name on the roll or record, to be kept as afore-
said, by the clerk of the supreme court, or do any official act appertaining to the
office of an attorney or counsellor at law, until he hath taken an oath to support the
constitution of the United States and of this State, and the person administering
such oath, shall certify the same on the license, which certificate shall be a suffi-
cient voucher to the clerk of the supreme court, to enter or insert or permit to be
entered or inserted on the roll of attorneys and counsellors at law, the name of the
person of whom such certificate is made.

Sec. 9. The following oath of office sball be administered to every attorney
and counsellor at law, before they subscribe the respective rolls, to- wit : "I swear,
or affirm, that I will in all things, faithfully execute the duties of an attorney and
counsellor at law, according to the best of my understanding and abilities."

Sec. 10. Any person producing a license or other satisfactory voucher,
proving that he hath been regularly admitted an attorney at law, in any court of
record within the United States, that he is of good moral character, may be licensed
and permitted to practice as a counsellor and attorney at law, in any court in this
State without examination.

Sec. 11. If any person not licensed as aforesaid, shall receive any nutucy or
any species of property, as a fee or compensation for services rendered, or to be
rendered by him, as an attorney, or counsellor at law within this State, all money
so received by him shall be considered as money received to the use of the person
paying the same, and may be recovered back, with costs of suit, by an action for
money had and received ; and all property delivered or conveyed for the purpose
aforesaid, or the value thereof, may be recovered back, with costs of suit, by the
person conveying or delivering the same, by action of detinue, or trover and conver-
sion, and the person receiving such money or property shall forfeit three-fold the
amount or value thereof, to be recovered, with costs of suit, before any magistrate,
if within a magistrate's jurisdiction; but if not, in any court of record within the

ATTORNEY GENERAL AND CIRCUIT ATTORNEYS.

75

State, by action of debt, qui tarn, the one-half to the use of the person who shall
sue for and recover the same, and the other half to the use of the county in which
such suit shall be brought ; and if any person shall sign or cause to be signed the
name of an attorney, or either of the justices of the supreme court, to any certifi-
cate or license provided for in this section, with an intent to deceive, such person shall
be deemed guilty of forgery, and shall be prosecuted and punished accordingly.

Sec. 12. Plaintiffs shall have the liberty of prosecuting, and defendants shall
have the privilege of defending in their proper persons, and nothing herein
contained shall be so construed as to affect any person or persons heretofore
admitted to the degree of an attorney or counsellor at law, by the laws of this
State, or of the Illinois territory, so as to subject them to further examination, or
make it necessary for them to renew their licenses.

Sec. 13. Hereafter, when any counsellor or attorney at law, residing in any
of the adjacent States or territories, may desire to practice law in this State, such
counsellor or attorney shall be allowed to practice in the several courts of law and
equity in this State, upon the same terms, and in the same manner that counsellors
and attorneys at law residing in this State now are, or hereafter may be admitted to
practice law in such adjacent States or Territories.

Approved : March 3, 1845.

CHAPTER XII.

ATTORNEY GENERAL AND CIRCUIT ATTORNEYS.

Section

1. Attorney general and circuit attorneys elected

once in two years ; their residence ; their
duties ; how commissioned.

2. Each to give oilicial bond; Governor may re-

quire additional bond; if bond not given in
sixty days, office to be vacated.

3. Duty of attorney general; shall attend supreme

court, try cases for State and for counties ; try
impeachments ; give advice to officers of State.

4. Attorney general and circuit attorneys shall at-

Section

tend circuit courts ; their duties as circuit at-
torneys.

5. Shall attend examinations on writs of habeas

coi~pus, and examinations for felonies.

6. When interested in cause, absent, &c, court

may appoint substitute, with same powers, du-
ties and fees.

7. Attorney General may call on circuit attorneys

to assist him.

8. Governor may fill vacancies.

Section 1. There shall be elected by the General Assembly on jointvote, once
in every two years, an attorney general, who shall reside at the seat of govern-
ment, and perform such duties as are by this chapter, or may hereafter be pre-
scribed by law ; and one circuit attorney in each judicial circuit, excepting that in
which the seat of government is situated. Such circuit attorneys shall reside in
the circuits for which they may be respectively elected, and shall perform such
duties as are herein prescribed, or may be hereafter imposed by law. The attorney
general shall be ex officio the circuit attorney for the circuit in which he resides,
and shall perform the same duties therein, as other circuit attorneys are or may be
required to perform ; such officers, when so elected, shall be commissioned by the
Governor.

Sec 2. Previous to being commissioned as aforesaid, each of the said officers
shall file in the office of the secretary of State, a bond, the attorney general in

76 ATTORNEY GENERAL AND CIRCUIT ATTORNEYS.

the penal sum of five thousand dollars, and each circuit attorney in the penal sum
of one thousand dollars, with good security, to be approved by the Governor
conditioned that they will, respectively, faithfully pay over all such moneys as may
come into their hands, belonging to the State or to any county, and that they will
faithfully and with fidelity perform all duties, which are or may be, bylaw imposed
upon them. The Governor may, at any time when he shall deem necessary,
require additional bond and security to be given. And in case the attorney
general or any circuit attorney, shall neglect or refuse to file any bond herein
required or authorized to be taken, within sixty days after his appointment, his
office shall be deemed vacant, and may be filled in like manner, as other vacancies.
Sec. 3. It shall be the duty of the attorney general to attend each of the terms
of the supreme court, and there commence, prosecute or defend every cause which
the people of this State, the auditor of public accounts, or any county of this State
shall in any wise be a party to, or interested in the result. It shall be his further
duty to prosecute all impeachments which may be tried before the supreme court
or the Senate of this State. He shall also, when required, give his opinion and
advice in writing, without fee or reward, to the General Assembly, or either
branch thereof, upon any question of law ; and to the Governor or the person
exercising the office of Governor, the secretary of State, auditor of public
accounts, and State treasurer, upon any question of law relating to the duties of
their respective offices, which may be submitted to him by them or either of them.
Sec 4. It shall also be the duty of the attorney general and of each circuit
attorney to attend each circuit court to be held in each of the counties belonging
to his judicial circuit, and to commence and prosecute all actions, suits, process,
indictments and prosecutions, civil and criminal, in which the people of this State,
or any county within such judicial circuit may be concerned ; to defend all actions
brought within such judicial circuit, against the auditor of public accounts, or any
of the counties aforesaid; to prosecute all forfeited recognizances, and all suits
and actions for the recovery of debts, revenues, moneys, fines, penalties and forfei-
tures, accruing to the people of this State, or any county within the judicial circuit
aforesaid. He shall give his opinion without fee or reward, to any county
commissioners' court, and to any justice of the peace within his circuit, when
required so to do, upon any question of law, relating to any criminal or other matter,
in which the people or any county is concerned ; and he shall perform such other
and further duties, as may be enjoined on him by law.

Sec. 5. It shall be the duty of the attorney general and circuit attorneys to
attend, if in their power, the examination of all persons brought on habeas corpus
before a judge of the supreme or circuit court, within their circuits respectively ;
and, if convenient, shall attend the examination, within their respective circuits, of
persons accused of felonious crimes, on being notified of the same.

Sec 6. When the attorney general or any circuit attorney, shall be interested
in any cause or proceeding, civil or criminal, which it is, or shall be made his duty
to prosecute or defend, the court in which such cause is pending, or to be brought,
may appoint some competent person to prosecute or defend such cause, and in all
cases where the attorney general or circuit attorney shall be absent or sick, and
unable to attend to the discharge of his duties, the court in which any of his
duties are required to be performed, may appoint some competent person to
discharge such duties, until the attorney general or circuit attorney appear and
resume the discharge of his duties ; and the person so appointed shall possess

AUDITOR AND TREASURER.

77

the same power in relation to such causes and the business in such court, and shall
be entitled to the same fees therefor, as would have been allowed to the attorney
general or circuit attorney for said services.

Sec. 7. The attorney general shall have the right to call upon any of the
circuit attorneys to assist him in the prosecution, or in the defence of any suit in
the supreme court, or the trial of any impeachment which it shall be the duty of
the attorney general to attend to ; and any circuit attorney being so required shall
give his assistance accordingly.

Sec 8. Should any vacancy occur in any of the judicial circuits in this State
between the sessions of the legislature, it shall be the duty of the Governor to
fill the same by the appointment of some qualified person to discharge the duties of
said office, who, when so appointed, shall continue in office until his successor is
duly elected and qualified as in this chapter provided.

Approved : March 3, 1845.

CHAPTER XIII.

AUDITOR AND TREASURER.

Section

1. Auditor and treasurer elected by joint vote of

General Assembly ; term, two years.

2. Shall give official bonds ; condition thereof.

3. Not to be commissioned until bond be given; if

bond not given in twenty days, office to be
vacant.

4. Shall each keep an official seal ; copies of pa-

pers authenticated" by them to be received in
evidence.

5. Governor may require additional bond; if not

given, office to be vacant.

6. Governor may order bonds to be sued ; judg-

ment may bi had against principal and sureties,
jointly or severally.
1. Auditor to keep "accounts of the State ; audit ac-
counts.

8. Shall draw warrants, and keep record thereof.

9. Auditor shall personally sign all warrants, &c.

1 0. Warrants to be countersigned by treasurer, and
entry thereof made.

Section

1 1 . Auditor to report to General Assembly.

12. Auditor shall make account against collecting

officers ; circuit attorneys bring suit ; auditor
to grant quietusscs.

13. Treasurer shall receive, keep safely, and pay out

money ; keep accounts ; make reports ; re-
ports to be published with laws.

14. Shall report monthly to the auditor ; shall can-

cel and return warrants, and take receipt.

15. If treasurer die, his heirs, &c, shall pay over

money, Sac, to his successor, who shall re-
port.

16. If warrant be lost, duplicate to be issued; oath

and bond to be first made.

17. Offices to be kept at seat of government ;

clerks.

18. Auditor to commence suits, &c, in behalf of the

State.

Section 1. There shall be elected by the joint vote of both Houses of the Gener-
al Assembly, once in every two years, an auditor and a treasurer, who shall hold their
offices for two years, and until their respective successors are elected and qual-
ified.

Sec 2. The auditor and treasurer shall, immediately after their election, execute
and file in the office of the secretary of State, bonds respectively, to the people of
the State of Illinois, with good and sufficient securities, to be approved by the Gov-
ernor and two justices of the supreme court; the auditor in the penal sum of
twenty thousand dollars, and the treasurer in the penal sum of one hundred thou-
sand dollars, conditioned that said auditor and treasurer shall faithfully discharge all
the duties of their said offices, then required, or thereafter to be required by law,

7S AUDITOR AND TREASURER.

and that they will at the close of their terms of office, deliver over to their respec-
tive successors, all moneys, books, records, vouchers, papers and other property
pertaining to their respective offices. Said bonds shall each contain a clause in the
condition thereof, that the auditor and treasurer respectively, shall, when requir-
ed bv the Governor, give additional bonds, with sufficient securities, as specified in
the fifth section of this chapter, to be approved and tiled in like manner as the
original bond.

Sec. 3. No commission shall be issued to any auditor or treasurer until he shall
have given bond and security as required by this chapter. And if either shall neglect
or refuse to enter into a bond as required herein, within twenty days after his elec-
tion, the office shall be deemed and considered vacant, and the Governor shall im-
mediately communicate the fact to the General Assembly, if in session, and if not,
he shall fill such vacancy according to law.

Sec 4. The auditor and treasurer shall each keep an official seal, which shall
be used to authenticate all writings, papers and documents required by law to be cer-
tified from either of said offices ; and copies of all papers, writings and documents
legally deposited in either of said offices, when certified by the officer and authen-
ticated by the seal of his office, shall be received in evidence in the same manner
and with like effect as the originals.

Sec 5. Whenever the Governor shall deem any bond filed by the auditor or
treasurer insufficient, he may require additional bond in any penalty not exceeding that
specified in the second section hereof, and if such officer shall fail, when so required,
to file such bond for the space of twenty days, his office may, in the discretion of
the Governor, be declared vacant, and shall be filled, as provided in the third section
hereof.

Sec 6. Whenever the condition of any bond given by the auditor or treasurer
shall be broken,- it shall be the duty of the Governor to order the same to be pros-
ecuted. Suit may be instituted and prosecuted to lined judgment against such audi-
tor or treasurer, or their respective securities, or one or more of them, jointly or
severally, without first establishing the liability of the auditor or treasurer, by ob-
taining judgment against him alone.

Sec 7. It shall be the duty of the auditor at all limes to keep the accounts of
the State, with any State or territory, and with the United States, with all public of-
ficers, corporations and individuals, having accounts with this State; he shall audit
all accounts of public officers who are to be paid out of the State treasury ; of the
members of the legislature, and all persons authorized to receive money out of the
treasury, by virtue of any appropriation made, or to be made by law, particularly
authorizing such account.

Sec 8. On ascertaining the amount due any person from the treasury, the au-
ditor shall grant his warrant on the treasury for the sum due. He shall keep a fair
record of all warrants by him drawn, numbering the same in a book to be kept for
that purpose.

Sec 9. The auditor of public accounts shall hereafter, in all cases, personally
sign all warrants for money, on the treasury of the State, all tax receipts, and all
other papers necessary and proper for the auditor to sign.

Sec 10. In all cases where warrants for money are issued by the auditor upon
the State treasurer, the said warrants, before they are delivered to the person or
persons for whose benefit the same are drawn, shall be presented by the auditor
to the State treasurer, who shall personally countersign the same, and shall also

AUDITOR AND TREASURER. 79

enter in a book to be kept for that purpose by him, the date, amount, and the
name of the person or persons to whom the same are made payable.

Sec. 11. The said auditor shall make a fair list of all accounts by him audited,
in a book by him to be kept for that purpose, as also an account of all taxes or oth-
er moneys which may be due by any person to this State, or which may be paid into
the treasury ; he shall make out and present to each regular session of the General
Assembly, by the tenth day of the session, a report, shewing the amount of war-
rants by him drawn on the treasury, stating particularly on what account said Avar-
rants were drawn, and if drawn on the contingent fund, to whom, and for what
they were issued. He shall also report the amount of money received into the
treasury, stating particularly the source of revenue from which the same maybe
derived.

Sec. 12. When the auditor shall have made out abstracts of all sums due in
the respective counties, and sent them to the different collectors, he shall make out
in a book to be kept for that purpose, a fair account against each collector, a certi-
fied copy of which, with the seal of his office thereto attached, shall be sufficient
for the attorney general or circuit attorneys, to proceed by motion or action against
such delinquent collectors and their securities, before the supreme or circuit court.
All quietusses necessary to be granted shall be issued by the auditor, under his hand
and seal of office.

Sec 13. It shall be the duty of the State treasurer, to receive the proceeds of
all taxes and other public moneys of this State, and safely keep the same. He
shall not pay out of the treasury any money, but on a warrant of the auditor. He
shall keep a regular and fair account of all moneys and revenues he receives and
pays out, agreeably to law, stating therein particularly on what account each partic-
ular sum was paid out, or received, and the time when, and lay a copy thereof be-
fore the General Assembly, by the tenth day of the session. An abstract of said
reports of the auditor and treasurer, shall be prepared by the General Assembly
and published with the laws of each session.

Sec 14. It shall be the duty of the treasurer to report monthly to the auditor,
the amount of money which he may have received, stating on what account the
same was paid into the treasury. He shall also report monthly, an account of pay-
ments out of the treasury, and deposit with the auditor, all warrants which he may
have paid or received, and take the auditor's receipt for the same ; and it shall be
the duty of the auditor to make entries of said reports, in books to be kept by him
for that purpose. Before depositing said warrants with the auditor, the treasurer
shall write the word "cancelled" on the face of each.

Sec 15. If said treasurer die, resign or be displaced, or otherwise cease to hold
his office, then such treasurer, his heirs, executors or administrators, shall regular-
ly state the amount and deliver the moneys and warrants, together with all books,
records, memoranda, papers and instruments of writing of the State, in his or
their possession, or which such treasurer shall have received and not paid out ac-
cording to law, to the succeeding treasurer, who shall make report thereon to the
General Assembly, and the said report, if confirmed by the legislature, shall be a
discharge of the bonds of the late treasurer, in which case they shall be given up
to the said treasurer, his heirs, executors or administrators.

Sec 16. If any auditor's warrant shall be lost, mislaid or destroyed, so that
the same can not be presented for payment by the person entitled thereto it shall
be lawful for the auditor, at any time before such warrant shall be paid at the

80

BAIL.

treasury, to issue a duplicate warrant to the person or persons having so lost any
warrant as aforesaid, on such person tiling with the auditor, an affidavit in writing,
sworn before some justice of the peace or judge, stating the loss or destruction of
any such warrant, and the auditor shall immediately certify the same to the treasur-
er, who shall thereby be authorized to pay any such duplicate warrant : Provided,
If any such warrant shall be, at the time of such loss or destruction, (which fdct
shall be ascertained by the oath of the party making such application, or otherwise,)
negotiable, then, before such certificate shall be given by the auditor, such person
shall give him satisfactory security for the refunding of the amount, together with
all costs and charges, should the State afterwards be compelled to pay the original
warrant.

Sec 17. The auditor and treasurer shall keep their offices at the seat of govern-
ment ; and shall not hereafter employ the same person as clerk in both their
respective offices, at the same time.

Sec 18. The auditor shall be deemed the proper officer to institute all suits,
motions, and other proceedings in law and equity, in which the State is plaintiff,
except in cases otherwise provided by law.

Approved : March 3, 1845.

[Amended: — See appendix, Act No. 1.]

CHAPTER XIV.

BAIL.

1. No person not a householder, resident and of

sufficient property, no attorney, sheriff nor
bailiff, shah be special bail.

2. In what actions bail shall be required; what

facts must be proved ; in what cases bail may
be discharged.

3. Sheriff shall take bail; form of condition of bail

bond; bond to be returned with the writ; if
sheriff neglect to take sufficient bond, he shall
be liable as bail.

4. Plaintiff may sue on bail bond, if sufficient ; if

not sufficient, bond shall stand as security to
the sheriff; who shall have the rights of bail ;
time of excepting to bail ; objections to bail,
how decided.

5. Defendant may surrender himself; how, if in

term time ; how, if in vacation ; how bail dis-
charged ; when defendant may be discharged

Section

from custody ; plaintiff may nevertheless have
execution.

6. Defendant in custody may be discharged by giv-

ing other bail, which officer may take.

7. Bail may arrest and secure principal, and sur-

render him.

8. No suit to be commenced on bail bond, until a

return that the defendant can not be found ;
what necessary to charge bail.

9. Bail having paid debt of principal, may recover ;

how to proceed.
10. Bail may plead death of principal in bar of ac-
tion on bond; when he shall pay costs.
If principal be arrested and conveyed in custody

out of State, fee., bail not to be liable.
When principal is discharged as an insolvent
debtor, bail not liable ; proviso.
13. Bail not to be proceeded against by scire facias.

11.

12.

Section 1. No person shall be permitted to be special bail in any action, unless
he be a householder and resident within this State, and of sufficient property, if the
writ or process is sued out of the supreme court, or if it issue out of any circuit
court, unless he be a householder of sufficient property, and resident in the county
in whicli the court is held ; and no counsellor or attorney at law, sheriff, under
sheriff, bailiff, or other person concerned in the execution of process, shall be per-
mitted to be special bail in any action.

Sec 2. In all actions to be commenced in any court of record in this State, and
founded upon any specialty, bill or note in writing, or on the judgment of any court,

BAIL. 81

foreign or domestic, and in all actions of covenant and account, and actions on verbal
contracts or assumpsits in law, in which the plaintiff or other credible person can
ascertain the sum due, or damages sustained, and that the same will be in danger of
being lost, or that the benefit of whatever judgment may be obtained, will be in dan-
ger, unless the defendant or defendants be held to bail ; and shall make affidavit
thereof before the clerk of the court from which process issues, or a justice of the
peace of this State ; or if the plaintiff reside out of this State, before any judge of
a court of record, or notary public, or officer of the State or Kingdom in which he
resides, or may be duly authorized to administer an oath ; and such affidavit shall
be delivered to such clerk, who shall issue a capias and indorse thereon an order or
direction to the sheriff or officer to whom such process shall be directed, to hold the
defendant or defendants to bail, in the sum so specified in such affidavit ; and it shall
be the duty of the sheriff or officer serving such process to take bail accord-
ingly. In actions sounding merely in damages, where the same can not be ascertain-
ed as aforesaid, the affidavit shall also set forth the nature and cause of the action,
with the substantial or chief facts in relation thereto ; if, upon examination thereof,
the clerk shall be satisfied that sufficient cause is shown to require bail, he shall
issue a capias in like manner, and make an order thereon, specifying in what amount
the defendant or defendants shall be required to give bail ; the officer serving the
process shall, in like manner, take bail. The bail taken, as herein directed, may be
discharged, or the amount thereof reduced by the court to which the writ is return-
ed, on application during the term to which it is returned, upon satisfactory proof.

Sec. 3. Where any writ shall have been issued from any court of record in this
State, whereon bail is required, the sheriff or other officer to whom the same may be
directed, shall take a bail bond to himself, with sufficient security, in a penalty of
double the sum for which bail is required. And for the purpose of avoiding errors
in the taking thereof, the condition shall be substantially in the following form :

" The condition of this obligation is such, that whereas, A. B. has lately sued out
of the circuit court of -the county of a certain writ of capias ad respondendum,

in a certain plea of against C. D. returnable to the next term of the said court,

to be holden at on the day of next: Now, if the said C. D. shall

be and appear at the said court, to be holden at on the said day of

next ; and in case the said E. F. shall not be received as bail in the said action,
shall put in good and sufficient bail, which shall be received by the plaintiff, or shall
be adjudged sufficient by the court, or the said E. F. being accepted as bail, shall
pay and satisfy the costs and condemnation money, which may be rendered against
the said C. D. in the plea aforesaid, or surrender the body of the said CD. in exe-
cution, in case the said C. D. shall not pay and satisfy the said costs and condemna-
tion money, or surrender himself in execution, when, by law, such surrender is re-
quired, then this obligation to be void; otherwise to remain in full force and effect."
Which bond, so taken, shall be returned with the writ, on or before the first day of
the term of the court to which the writ is returnable. In case the sheriff or other
officer executing such process, and to whom it shall be directed, shall neglect to
take such bond, or the bail be held insufficient, on exception taken and entered of
record during the term to which such writ shall be made returnable, the sheriff
or other officer having reasonable notice of taking such exception shall, in either
ease, be deemed and stand as special bail in the action; and the plaintiff may pro-
ceed to judgment against such sheriff or other officer, as in other cases against spe-
cial bail.

G

82 BAIL.

Sec 4. All bail taken according to the directions of this chapter, shall be deem-
ed and taken as special bail, and may be proceeded against by an action of debt, in the
name of the plaintiff in the original action, as in the case of a recognizance of bail,
except where the bail shall be adjudged insufficient by the court ; then the bond
shall in that case stand as a security to the sheriff, who may, upon a forfeiture of the
condition to appear and perfect bail, proceed thereon in an action of debt or cove-
nant, to recover the amount of whatever damages he may have sustained by reason
of the non-performance of such condition ; and shall also have the same right to
arrest and detain the principal in custody, in case the bail shall be adjudged insuf-
ficient by the court, and the principal shall not perfect bail within the time required
by law, as the bail might have had ; if he shall elect to arrest and commit the prin-
cipal to prison, then his remedy on the bond shall cease, and the bond be void. The
sufficiency of the bail shall be excepted to, during the term to which the writ is
returnable, otherwise the same shall be considered as accepted by the plaintiff.
Objections to the sufficiency of bail shall be decided by the court in which the
exception is taken, without delay, on such evidence as may be produced, and as it
may deem satisfactory ; the burthen of proof shall lie on the party affirming the
sufficiency, allowing the bail to be examined on oath or affirmation, touching his
sufficiency.

Sec. 5. It shall be lawful for the defendant in any action in any court of record,
when bail shall have been given as aforesaid, to surrender himself, or for his bail
to surrender him at any time before the return day of the process, which may have
been sued out against him as bail, to the court in which the suit may be pending,
during the sitting thereof, or in vacation, to the sheriff of the ceunty in which pro-
cess was served. In case the surrender shall be made during the sitting of the court,
an entry shall be made on the records of the court, stating the surrender and com-
mitment of the defendant to the custody of the sheriff: if the surrender be made in
vacation, the bail or principal shall obtain a certified copy of the bail bond from the
sheriff or clerk of the court, in whosesoever possession the same may be, and shall
deliver himself, or be delivered by his bail to such sheriff, who shall thereupon in-
dorse on such copy of the bail bond, an acknowledgment of the surrender of the body
of the defendant to his custody, and thereupon the said copy of the bond with such
acknowledgment shall be filed in the office of the clerk of the court in which the
action is pending. Upon giving notice of the surrender, whether made in term time
or vacation, to the plaintiff or his attorney, and paying the costs of the action against
the bail, if any have accrued, the bail shall be discharged from all liability ; the de-
fendant shall be committed to the jail of the county, there to remain until discharged
by due course of law. If the surrender be after judgment, and the plaintiff shall
not charge the defendant in execution within fifteen days after notice thereof, he
shall be discharged out of custody ; the plaintiff may, notwithstanding such dis-
charge, have execution against the real and personal estate of the defendant.

Sec. 6. Any defendant surrendered into custody or committed by his bail, in
manner aforesaid, may at any time before final judgment shall have been rendered
in" the action, discharge himself from custody by giving other good and sufficient
special bail ; the sheriff or other officer authorized to take bail, shall take new bail
to the same effect as is herein before provided.

Sec 7. In all cases of bail under this chapter, it shall and may be lawful for
the bail to arrest and secure the body of the principal, until a surrender can be
made to the sheriff of the county where the suit may be pending, or to the court to
which the process was returnable.

BAIL. S3

Sec 8. Hereafter, no suit shall be commenced upon any bail bond or recogni-
zance of bail, in any civil action, until a writ of capias ad satisfaciendum, shall
have issued against the defendant in the original action, directed to the sheriff" of the
county in which such defendant was arrested, and such sheriff shall have returned
that the said defendant was not found in his county ; if any action shall hereafter be
commenced upon such bond or recognizance, and it shall not appear upon the trial
thereof that a writ of capias ad satisfaciendum was issued and returned in the man-
ner herein before mentioned, a verdict shall be found for the defendant. It shall be
also necessary to charge the bail, that such writ of capias ad satisfaciendum should
be issued and delivered, at least ten days before the return day thereof, to the sher-
iff of the county, or officer to whom it may be directed ; such sheriff or other officer
shall endeavor to serve such writ upon the defendant, any directions which he may
receive from the plaintiff or his attorney, to the contrary notwithstanding.

Sec 9. In all cases where judgment shall hereafter be entered up in any
court of record in this State, against any person or persons as bail for another, and
the amount of such judgment or any part thereof, has been paid, or discharged by
such bail, his, her or their executors, administrators or heirs, it shall and may be
lawful for such bail, his, her or their heirs, executors or administrators to obtain
judgment by motion against the person or persons for whom he, she or they were
bound for the full amount of what shall have been paid by the said bail, his, her
or their heirs, executors or administrators, in such court where judgment shall
have been entered up against such bail, before judgment shall be entered up against
the principal, ten days previous notice of such motion shall have been given to him,
if a resident of this State, and if a non-resident, then notice of such motion, shall
have been published, for four weeks successively, in some newspaper printed in
this State.

Sec 10. In all actions against bail, it shall be lawful for the bail to plead in
bar of such actions, the death of the principal before the return day of the process
against the bail ; if on the trial of any such issue, the death of the prinpipal be
found to have happened before such return day, judgment shall be given in favor of
the defendant; he shall notwithstanding, be liable to judgment and execution for
the costs of suit, unless such death shall be found to have taken place before the
commencement of the action.

Sec 11. If any defendant having given special bail in any action, shall after-
wards be legally arrested and delivered over to the executive authority of the United
States, or of any State or territory thereof, upon a charge of having committed a
crime out of the jurisdiction of this State, and shall be thereupon carried beyond
the limits thereof, such bail shall be discharged from all liability incurred as bail,
if the defendant has not returned to this State discharged from such arrest, before
he shall be liable to be charged as bail for such defendant.

Sec 12. When any defendant in any civil action, shall have been discharged as
an insolvent debtor, agreeably to the laws of this State respecting insolvent debtors,
and a certificate from the authority lawfully granting the same, shall be produced to
the court, the bail of such defendant, shall in all cases, be entitled to have an
exoneretur entered upon the records of the court, which shall thereupon operate as
a discharge from his bond or recognizance, in the same manner as if he had surren-
dered his principal in court, or to the sheriff as herein before directed : Provided,
That judgment shall not have been recovered against him as the bail of such
defendant.

84 BANK NOTES.

Sec 13. Hereafter, proceedings by scire facias, against bail, in civil cases, shall
not be allowed in any covirt of record in this State.

Approved : March 3, 1845.

[Amended : — See Appendix, Act No. 2.]

CHAPTER XV.

BANK NOTES.

Se.ction I Section

1 . Five dollars fine, for passing bank notes of other

States, of less denomination than five dollars.

2. Obligations given for loan of such notes, void;

fact to be pleaded in bar.

3. Notes of joint stock companies void, and per'
sons passing them punished as swindlers.

Section 1. No person or persons shall be permitted to utter or pass in this State,
as or in lieu of money, any bank bill or note, made or issued by any banking insti-
tution, or purporting to have been made or issued by any banking institution, of
a less denomination, or for a less sum than five dollars; and each and every person
or persons offending herein, shall forfeit and pay the sum of five dollars for every
offence ; which may be recovered, with costs of suit, by action of debt or assumpsit
before any justice of the peace, by any person who will sue for the same: Provided,
The provisions of this chapter shall not apply to the uttering or passing of any bank
bill or note issued by any banking institution in this State authorized by its charter
to make, utter or issue, bills or notes of a less denomination than five dollars.

Sec 2. Any person or persons who shall use or lend any bill or note of any
bank within the provisions of the first section of this chapter, for a less denomination
than five dollars, and who shall take obligations in writing, or verbal promise, for
the re-payment thereof, of any note or bill of the character and description aforesaid,
loaned as aforesaid, shall not be permitted to collect the same ; and it shall be com-
petent for the defendant, in any suit brought for the collection thereof, to plead that
the obligation in writing, or verbal promise, was made and executed or given for and
in consideration of notes and bills of a less denomination than five dollars, made,
uttered, and issued by incorporated companies, or by banking institutions, other
than those excepted in the proviso to the first section of this chapter, which plea,
when so made, shall be deemed good in law 5 and the plea so pleaded shall be
deemed a bar to the action.

Sec 3. If any person or persons shall utter or pass, as or in lieu of money, any
note or bill issued and published by any joint stock or other company not incorpo-
rated, or purporting to have been so issued or published, such person or persons
shall not be permitted to collect any demands arising therefrom ; and the plea allowed
in the second section of this chapter shall be taken and allowed a good and suffi-
cient plea, in bar of any such demand; and such person or persons so uttering
or passing notes or bills issued and published as aforesaid, shall be deemed and
considered swindlers, and shall be liable to indictment as such : and, upon convic-
tion, shall be fined, in any sum not less than one hundred dollars, nor more than
one thousand dollars for each offence.

Approved : March 3, 1845.

CHAPTER XVI.

BASTAKDY.

Section

1. When complaint is made by mother of bastard

child, justice shall cause father to be brought
before him, examined, and bound to appear at
next circuit court. On refusal to give bond,
may be committed.

2. Court shall try the cause.

3. Cause continued in certain cases.

4. Mother may be a witness, if otherwise compe-

tent.

5. If issue be found against defendant, he shall be

adjudged to support child; payments, how made,

Section

and to whom; punisliment for refusal; father
may take charge of child after it is three years
of age ; if child die, bond to be void ; when
money paid to guardian.

6. If issue be found for defendant, mother of child

to pay the costs.

7. If parents intermarry, child to be deemed legiti-

mate, and bond void.

8. Prosecution barred after two years, except in

case of absence from the State.

Section 1. When any unmarried woman, who shall be pregnant or delivered
of a child, which by law would be deemed a bastard, shall make complaint to any
one or more of the justices of the peace of the county where she may be so
pregnant or delivered, and shall accuse, under oath or affirmation, any person with
being the father of such child, it shall be the duty of such justice or justices to
issue a warrant, directed to the .sheriff or any constable of such county, against
the person so accused, and cause him to be brought forthwith before him or them.
Upon his appearance, it shall be the duty of said justice or justices, to examine the
said woman, upon oath or affirmation, in the presence of the man alleged to be
the father of the child, touching the charge against him. If the said justice or
justices shall be of opinion that sufficient cause appears, it shall be his or their
duty to bind the person so accused, in bond, with sufficient and good security, to
appear at the next circuit court to be holden for said county, to answer to such
charge ; to which such court said warrant and bond shall be returned. On
neglect or refusal to give such bond and security, the justice or justices shall
cause such person to be committed to the jail of the county, there to be held to
answer such complaint.

Sec. 2. The circuit court of such county, at their said next term, shall have
full cognizance and jurisdiction of the said charge of bastardy, and shall cause an
issue to be made up, whether the person charged as aforesaid, is the real father of the
child or not, which issue shall be tried by a jury. Such inquiry shall not be ex
parte, when the person charged shall appear and deny the charge ; but he shall
have a right to appear and defend himself by counsel, and controvert, by all leeal
evidence, the truth of such charge.

Sec 3. If at the time of such court, the woman be not delivered, or be unable
to attend, the court shall order a recognizance to be taken of the person charged as
aforesaid, in such an amount, and with such sureties as the court may deem just
for the appearance of such person at the next court, after the birth of her child ;
and should such mother not be able to attend at the next term after the birth of her
child, the recognizance shall be continued until she is able.

Sec 4. On the trial of every issue of bastardy, the mother shall be admitted as
a competent witness, and her credibility shall be left to the jury. She shall not be

86 BASTARDY.

admitted as a witness, in case she has been duly convicted of any crime, which
would by law disqualify her from being a witness in another case.

Src. 5. In case the issue be found against the defendant, or reputed father, or
whenever he shall, in open court, have confessed the truth of the accusation
against him, he shall be condemned by the judgment of the said court, to pay such
sum of money, not exceeding fifty dollars, yearly, for seven years, as in the dis-
cretion of the said court may seem just and necessary for the support, maintenance,
and education of such child; and shall, moreover, be adjudged to pay all the costs
of the prosecution, for which execution shall issue as in other cases of costs. The
said defendant, or reputed father, shall give bond and security for the due and faith-
ful payment of such sum of money, as shall be ordered to be paid by the said court,
to be paid by him for the period aforesaid ; which shall be made payable quarter-
yearly to the judge of the court of probate, and his successor in office, for the county
in which the prosecution aforesaid was commenced ; and the same, when received,
shall be laid out and appropriated, from time to time, by the said judge, under his
order and direction, for the purposes aforesaid ; in case the defendant or reputed
father shall refuse or neglect to give such security as may be ordered by the court,
he shall be committed to the jail of the county, there to remain until he shall com-
ply with such order, or until otherwise discharged by due course of law : Provid-
er!, always, That the said reputed father, after giving bond with approved security,
to the court of probate in said county, conditioned for the suitable maintenance of
any such child, for the term aforesaid, shall be permitted to take charge and have
the control of his said child at any time after said child shall arrive at the age of
three years : and from the time of the said father taking charge of such child, or
should the mother refuse to surrender the said child, when so demanded by the
said father, then and from thenceforth the said father shall be released and dis-
charged from the payment of ail such sum or sums of money as may thereafter
become due against the said father, for the support, maintenance and education of
any such child. If the said child should never be born alive, or being born alive,
should die at any time, and the fact shall be suggested upon the record of the^said
court, then the bond aforesaid shall from thenceforth be void. But when a guardi-
an shall be appointed for such bastard, the money arising from such bond shall be
paid over to such guardian.

Sec. 6. If upon the trial of the issue aforesaid, the jury shall find that the child
is not the child of the defendant, or pretended father, then the judgment of the court
shall be that he be discharged. The woman making the complaint shall pay the
costs ©f the prosecution, and judgment shall be entered therefor, and execution may
thereupon issue. .

Sec. 7. If the mother of any bastard child, and the reputed father, shall at any
time after its birth, intermarry, the said child shall, in all respects, be deemed and
held legitimate, and the bond aforesaid be void.

Sec 8. No prosecution under this chapter shall be brought after two years
from the birth of the bastard child : Provided, The time any person accused shall
be absent from the State, shall not be computed.

Approved: March 3, 1845.

CHAPTER XVII.

BIRTHS AND DEATH

Section

County commissioners' clerk to record births

and deaths in a book.
Father, mother, or another may file affidavit of

birth of child.
Who may make affidavit of death ; in what

time ; contents of affidavit ; if inquest be held

by coroner, he shall make report.

Section

4. Clerk shall file affidavit, and make entry ; form

of entry of birth ; of death.

5. Clerk shall keep alphabetical index ; shall on re-

quest, give certificate ; which shall be prima
facie evidence.

6. Fees of clerk in such cases.

7. Persons swearing falsely to be deemed guilty of

perjury, and punished accordingly.

Section 1. It shall be the duty of the clerk of the county commissioners' court,
in each county of this State, to provide himself with a well bound book, wherein
he shall record the births and deaths of all persons coming to his knowledge, in the
manner hereinafter provided.

Sec 2. The father of a child or children, or mother of any child or children,
in case the father be dead, out of the State or otherwise prevented, or in case oi
an illegitimate child or children, may appear before the clerk of the county com-
missioners' court of his or her respective county, and make an affidavit m writing
before such clerk, setting forth the birth or births of his or her child or children,
stating therein the day and year when, and the justice's precinct wherein such
birth or births happened, and the christian and surname of said child or children.
In case such father or mother fail or neglect to make an affidavit as aforesaid within
sixty days after such birth or births, any householder may make the same concern-
ing every birth happening in his house.

Sec 3. The eldest person next of kin may make affidavit before the clerk
aforesaid, of his or her respective county, of the death of his or her kindred, and
in ease the next of kin neglects to make such an affidavit for the space of twenty
days, the administrator or executor of such deceased person may make such affida-
vit as aforesaid ; and any householder may make the like affidavit before said clerk
concerning any death happening in his house. Affidavits made under the pro-
visions of this section shall state the name and the age of the person deceased, ac-
cording to the best of his or her knowledge and belief, and shall also state the jus-
tice's precinct where such death happened. If any person shall come to his death,
and a coroner's inquest be held over his or her body, or if any person die while
confined in any penitentiary, jail, workhouse, poorhouse, or hospital within this
State, the respective wardens, jailers, or keepers of such workhouses, poorhouses
or hospitals, shall make out a certificate containing substantially the same statements
concerning the name, age, death and place of death, required in the affidavit last
aforesaid, and within ten days after such death happened, file the same with the
county commissioners' clerk of the proper county.

Sec 4. The said county commissioners' clerk shall carefully file and number
such affidavits and certificates in the order they are presented, which shall be parts
of the records of his office, and said clerk shall make an abstract of the material

88

CASTOR BEANS.

facts set forth in said affidavit or certificate and enter the same in the said record of
births and deaths ; which abstract shall be in substance as follows :
Entry concerning the birth of a person.
On the day of A. D. , A. B. (being the father or mother; or a

householder as the case may be) made proof of the birth of C. D., which took

,A.D,

precinct, county of

place on the day of

affidavit on file, No.

Entry of death.

On the day of , A. D. , A. B. of county (being the eldest

person next of kin, or a householder in whose house the death happened, executor
or administrator of deceased, coroner or keeper of a jail, poorhouse, workhouse or
hospital, as the case may be) made proof of the death of C. D. aged years,

which took place the day of A. D. in precinct, county ;

see affidavit (or certificate) on file No.

Sec. 5. The clerk shall keep a correct alphabetical index to said record,
showing the christian names and surnames of the persons concerning whom entries
have been made ; said index distinguishing between cases of births and deaths, and
shall upon request of any person, make out a certificate of said entry, under his
hand and the seal of the county commissioners1 court ; and such certificate shall be
received as prima facie evidence of the facts stated therein in all courts of law and
equity in this State.

Sec 6. For every affidavit taken under this chapter, the said clerk
shall be entitled to a fee of twelve and a half cents ; for making the entry and filing
certificates, to a fee of twelve and a half cents ; and for making out a certificate
under seal as aforesaid, to a fee of fifty cents : Provided, He shall not be entitled
to any fee in case where one of the above enumerated officers files a certificate of
the death of any person under his charge.

Sec 7. Any person having sworn or made affirmation to any of the affidavits
above mentioned, who shall swear or affirm wilfully, corruptly and falsely, in g, ma-
terial point therein set forth, or shall suborn any other person to swear or affirm as
aforesaid, shall be deemed guilty of perjury or subornation of perjury, and shall be,
upon conviction thereof, punished accordingly.

Approved : March 3, 1845.

CHAPTER XVIII.

CASTOR BEANS.

Section

i. Persons cultivating castor beans to secure the

same by sufficient enclosure.
2. Violations of this chapter, punished by fine; how

Section

collected, and applied ; damages may be recov-
ered.

Section 1. No person or persons shall -hereafter be permitted to plant and
eullivate castor beans, without securing' the same with as good and sufficient a fence

CENSUS.

89

or fences as is generally put up, and used, for the protection of grain crops in the
neighborhood.

Sec. 2. All persons violating this chapter shall be fined in the sum of twenty-
five dollars, to be sued for and recovered, by any person, before any justice of the
peace, within the proper county, in an action of debt ; the one-half whereof shall
go to the person so sueing, the other half into the treasury of the county where such
penalty is recovered. Nothing herein contained shall in any wise prejudice the
owner or owners of animals which may be injured by the negligence of any of the
persons aforesaid, from recovering adequate damages for such injury.

Approved : March 3, 1845.

CHAPTER XIX.

CENSUS.

Section

8. Penalty for neglect ; how recovered; judges
to give this law in charge to grand juries.

9. Who shall be returned as members of families,
&c.

Heads of families and others to render account;

penalty for refusing.
Compensation of commissioners ; how paid.
12. Secretary of State thall receive and file returns,
and report same to Speaker of House at next
session; adjutant general report number of
militia to the Secretary at War of the United
States.

10.

11.

Section

1. Census taken every five years.

2. To be taken by commissioners, appointed by

county courts.

3. Census of unorganized county taken by com-

missioner of county to which it is attached.

4. Commissioner to take oath of office ; form of

oath.

5. When commissioner shall commence taking

census ; what facts he shall ascertain and set

down.
C. Of whom enquiry to be made.
7. Commissioners shall, by first day of October,

transmit returns to secretary of State, and to

county court; shall report number of militia

to adjutant general.

Section 1. An enumeration of the inhabitants of this State shall be taken on
the first day of July, one thousand eight hundred and forty-five, and at the end
of every five years thereafter.

Sec 2. The enumeration shall be taken by commissioners, to be appointed by
the county commissioners' courts of the respective counties.

Sec 3. The enumeration of the inhabitants of any unorganized county shall
be taken by the commissioner of the county to which such unorganized county is
attached; the table of enumerations in such counties to be kept distinct from each

other.

Sec 4. Before entering upon their duties, each of such commissioners shall file
in the office of the county commissioners' clerk of his county, in substance the fol-
lowing oath : « I, A. B., do solemnly swear, that I will make a just and perfect
enumeration and description of all persons resident within the county of C, (and
the county of D., thereto attached, when such is the fact,) and perform all other
duties required of me by law, according to the best of my knowledge and abilities."

Sec 5. Each commissioner shall commence taking such enumeration on the first
day of July in each year in which such enumeration is required to be taken, and shall
ascertain and set down in a book to be kept for that purpose, in a convenient tabular

90 CENSUS.

form, the following facts : The number each, of white males and females of ten
years of age and under ; over ten and not over twenty ; over twenty and not over
thirty ; over thirty and not over forty ; over forty and not over fifty ; over fifty and
not over sixty ; over sixty and not over seventy ; over seventy and not over eighty ;
over eighty and not over ninety ; over ninety and not over one hundred ; over one
hundred : Also, the number of white male persons between the ages of eighteen
and forty-five years, subject to military duty : Also, each, of free male and female
persons of color, of all ages ; of indentured or registered servants and their children ;
of French negroes and mulattoes held in bondage : Also, the number of manufac-
tories of every kind, and the annual product of each kind ; the number and annual
product of coal mines ; the value of live stock ; value of grains produced ; value of
all other agricultural products ; the number of pounds of wool ; number of mills and
distilleries ; the number of universities or colleges ; academies and grammar schools,
and common schools, with the number of pupils in each.

Sec. 6. The said enumeration shall be made by an actual inquiry at each dwel-
ling house, or from the head of each family, when the same can be conveniently done,
or otherwise from the best information that can be obtained, where there shall be no
fixed place of residence, or the head of such family, or other person to be included
in such enumeration, shall be absent from the county or State.

Sec. 7. Each of said commissioners shall, on or before the first day of October,
of each year in which the enumeration is required to be taken, transmit to the secre-
tary of State, and to the commissioners' court of his county, his return, by him duly
certified as correct, full and true, so far as he has been able to ascertain. He shall
also transmit to the adjutant general of the State a certified statement of the number
of persons subject to military duty. Such commissioner in his report shall at the
foot of each column, list or class, give the total number or amount, and shall give the
aggregate number of all the inhabitants of the State.

Sec 8. Each commissioner failing or neglecting to make proper returns, as
aforesaid, or making a false return of the enumeration to the clerk of the county
commissioners' court of the county, to the secretary of State, and adjutant general,
within the time limited by this chapter, shall forfeit the sum of three hundred dol-
lars, recoverable in the circuit court of the county where such offence shall have
been committed, by action of debt, information or indictment ; the one-half thereof
to the use of the informer, and the other half to the county. And for the more
effectual discovery of said offences, the judges of the several circuit courts, in this
State, at their next term to be held after the expiration of the time allowed for making
the returns of the enumeration hereby directed, shall give this chapter in charge to
the grand juries of their respective counties, and shall cause the returns of the com-
missioner to be laid before them, for their inspection.

Sec. 9. Each person, whose usual place of abode shall be in any family, on the
said first Monday in July, in the year of our Lord, one thousand eight hundred and
forty-five, and on the first Monday in July, every fifth year thereafter, shall be
returned with the members of such family ; and the name of every person who shall
be an inhabitant of any county, or the attached part thereof, without any fixed place
of residence, shall be inserted in the county in which he or she, shall be on the
said first Monday in July ; and every resident person who shall be absent from the
county or State, at the time of taking any such enumeration, shall be set down as
belonging to the place where he or she, usually resides in this State.

Sec. 10. Each free person, over the age of sixteen years, whether heads of
families or not, belonging to any family within any county, made or established in

CHATTEL MORTGAGES.

91

this State, shall be and hereby is obliged to render to the commissioner appointed in
said county, if required, a true account, to the best of his or her knowledge, of every
person belonging to such family, respectively, according to the several descriptions
aforesaid, on pain of forfeiting twenty dollars, to be sued for and recovered, by action
of debt, by such commissioner, for the use of the proper county : Provided, That in
all cases where any such fine shall be assessed against any minor or minors, the
same shall be paid by his, her or their parent or guardian; and in case of his or
her refusal to pay the same, an attachment may be issued to enforce the payment
thereof.

Sec. 11. Each of said commissioners shall receive at the rate of two dollars for
every hundred persons returned, for the first two thousand ; at the rate of one dollar
and seventy-five cents for each hundred persons returned, over two and not exceed-
ing three thousand j at the rate of one dollar and fifty cents for the fourth thousand ;
at the rate of one dollar and twenty-five cents for the fifth thousand ; and at the
rate of one dollar for each hundred over and above five thousand ; to be paid out of
the State treasury, out of any moneys not otherwise appropriated.

Sec. 12. The secretary of State shall receive and file such returns in his office,
and return the same to the speaker of the House of Representatives, on or before
the second day of the next session after such enumeration is made ; and the adjutant
general shall file the returns to be made to him of the number of persons subject to
militia duty, as aforesaid, in his office ; and shall immediately thereafter make out a
statement of the whole number of such persons, and report the same to the secretary
at war of the United States.

Approved : March 3, 1845.

CHAPTER XX.

CHATTEL MORTGAGES.

Section

Chattel mortgage not valid, unless acknowledged
and recorded, and possession by mortgages.

Acknowledgment, form of; justice's memoran-
dum ; his fee.

Mortgage when recorded and bona fide, good for
two years ; proviso as to possession.

Section

4. Copy of mortgage on record to be proof, if orig-

nal be lost.

5. Fee of recorder.

6. If mortgagor sell mortgaged property, how pun-

ished.

7. Provisions to extend to all conveyances opera-

ting as chattel mortgages.

Sectiox 1. No mortgage on personal property shall be valid as against the rights
and interests of any third person or persons, unless possession of such personal
property shall be delivered to, and remain with the mortgagee, or the said mortgage
be acknowledged and recorded, as hereinafter directed.

Sec 2. Any mortgagor of personal property, may acknowledge such mortgage
before any justice of the peace in the justice's district in which he may reside ; and
said justice shall certify the same in substance as follows: "This mortgage was
acknowledged before me, by A. B., (the mortgagor,) this day of 18 ;"

and the said justice shall also keep on his docket a memorandum of the same, in

92

CHANCERY.

substance as follows, viz : "A. B. to C. D., mortgage of (here describe the property,)
acknowledged this day of 18 ," inserting the name of the mortgagor in

place of A. B., and the name of the mortgagee in place of C. D., and the justice may
receive therefor a fee of twenty-five cents.

Sec. 3. Any mortgage of personal property, so certified, shall be admitted to
record by the recorder of the county in which the mortgagor shall reside at the time
when the same is made, acknowledged and recorded ; and shall thereupon, if bona
Jide, be good and valid from the time it is so recorded, for a space of time not
exceeding two years, notwithstanding the property mortgaged or conveyed by
deed of trust, may be left in possession of the mortgagor : Provided, That such
conveyance shall provide for the possession of the property so to remain with
the mortgagor.

Sec 4. A copy of any such mortgage made, acknowledged and recorded as
aforesaid, certified by the proper recorder from the proper record, may b'e read in
evidence in any court of this State, without any further proof of the execution of
its original, if said original be lost or out of the power of the person wishing to use it.

Sec 5. For recording any such mortgage, the recorder recording the same,
shall receive eight cents for every one hundred words, and for copies thereof, the
same compensation only.

Sec 6. Any person having conveyed any article of personal property to an-
other by mortgage, who shall, during the existence of the lien or title created by such
mortgage, sell the said personal property to a third person, for a valuable consid-
eration, without informing him of the existence and effect of such mortgage, shall
forfeit and pay to such purchaser, twice the value of such property so sold ; which
forfeiture may be recovered in an action of debt in any court having jurisdiction
thereof, or if the amount claimed does not exceed one hundred dollars, before any
justice of the peace.

Sec. 7. The provisions of this chapter shall be deemed to extend to all such bills
of sale, deeds of trust and other conveyances of personal property as shall have the
effect of a mortgage or lien upon such property.

Approved : March 3, 1845.

CHAPTER XXL

CHANCERY.

Section

1. Circuit courts have chancery jurisdiction; may

make rules of practice.

2. Suits commenced by bill; in what county ; when

defendants are non-residents ; in case of bills
for injunctions.

3. Set-oft' allowed in certain cases.

4. Infants may sue by guardian, &c.

6. Summons to issue on filing bill; how served
When defendants reside in different counties.

6. Summons, how tested, sealed, signed, dated and

when returnable.

7. Service of summons to be by delivery or leaving

copy ten days before returnable.

Section

8. If defendant be non-resident, service may be

made by publication, in newspaper; contents
of notice ; to be inserted four weeks ; first
publication sixty days before return ; diligence
required of sheriff; notwithstanding publica-
tion.

9. If no service nor timely publication be made,

cause continued ; but if otherwise, and no
defence made, bill may be taken for confessed.

1 0. If cause be continued, same proceedings had.

11. If return be made without service, alias, plu-

ries, &c, to issue without order.

CHANCERY.

93

19.

BO.

Section

12. Defendants out of tliis State, may be served by
copy of bill thirty days before return.

13. When bill is taken for confessed, court may

make and enforce decree ; how enforced.

14. Decree for money a lien on real estate.

15. Parties not served or notified, or their heirs, &c,

may petition to be heard; re-hearing; such
parties barred after three years.

16. If defendant be brought into court for contempt,

solicitor to be appointed by court, and cause
may proceed.

17. Courts may establish rules of proceeding.

18. Rule respecting time for pleading, answering,

&c.
If bill is taken for confessed, plaintiff may be

required to produce proof.
Answer to be on oath, by whom oath may be

administered and authenticated.

21. When bill is not for discovery only, oath may be

waived.

22. If answer be insufficient, defendant may be

ruled to file additional answer, and punished for
refusal.

23. Answer to be full.
Defendant may file cross bill, which plaintiff must

answer.

Plaintiff to answer cross bill as if original ; ef-
fect of Ins answer.

If plaintiff do not answer cross bill, his bill may
be dismissed, or decree entered against him.

27. How defendant may bring in new parties by his

filing cross bill.

28. Bill not to be dismissed without consent, after
filing cross bill.

Plaintifl'need not answer cross bill until defend-
ant has answered his original bill.

30. Exceptions to testimony, how filed, argued and

disposed of.

31. Replications to be general ; when filed.

32. Cause when at issue ; when answer taken as

true.

33. Disclosures made in answer, not conclusive, but

may be rebutted.

41.

42.

84.

£6.

29.

Section

34. Court may grant time, &c.

35. May direct issues to be tried by a jury.

36. If execution be returned unsatisfied, bill of dis-

covery maybe filed in aid of suit at law.

37. Power of court to compel discovery ; to prevent

transfers ; answers not to be read in evidence
on trial of defendant for the fraud charged in
the bill.

38. If one of several complainants or defendants

die, cause may proceed against survivors.

39. When party dies and his interest vests in oth-

ers, they maybe made parties ; in what manner
and to what extent they may be bound.

40. When parties die, suit not to abate, but may be
revived by legal representatives.

How unknown parties may be notified ; publi-
cation.

How such unknown persons affected by de-
cree.

43. When party neglects to comply with order of

court to make deed, court may appoint a com-
missioner to execute the same, with like
effect.

44. Court may prescribe terms of sale.

45. Decrees respecting real estate shall be a lien

thereon ; extent of lieu in other cases.

46. When there is no officer to execute decree,

sheriff may execute same ; remedy against
sheriff for neglect, and against parties for not
complying with order.

47. Court may appoint guardian ad litem for infant or

insane defendant ; guardian not liable for costs;
his compensation.

48. Courts may appoint masters in chancery ; their

term of office.

49. Masters to file with clerk a bond, anl oath of

office.

50. Powers of masters in chancery.

61. When there is no master, or he be disqualified

from acting, court may appoint substitute.

62. Fees of masters in chancery.

53. Property exempt from execution, not liable
herein.

Section 1. The several circuit courts of this State, in all causes of which they
may have jurisdiction as courts of chancery, shall have power to proceed therein
according to the mode hereinafter prescribed ; and where no provision is made by
this chapter, according to the general usage and practice of courts of equity, or
agreeably to such rules as may be established by the said courts in that behalf.

Sec. 2. The mode of commencing suits in equity, shall be by filing a bill, setting
forth the nature of the complaint, with the clerk of the circuit court of the county,
within whose jurisdiction the defendants, or the major part of them, if inhabitants
of this State, reside ; or if the suit may affect real estate in the county where the
same or greater part thereof shall be situated : If the defendants are all non-residents,
then with the clerk of the circuit court of any county. Bills for injunctions to stay
proceedings at law, shall be filed in the office of the circuit court of the county in
which the record of the proceedings had, shall be.

Sec 3. In suits for the payment or recovery of money, set-offs shall be allowed
in the same manner, and with the like effect, as in actions at law.

Sec. 4. Suits in chancery may be commenced and prosecuted by infants, either
by guardian or next friend.

Sec. 5. Upon the filing of every bill as aforesaid, the clerk of the court aforesaid
shall thereupon issue a summons directed to the sheriff of the county in which the
defendant resides, if the defendant be a resident of this State, requiring him to
appear, and answer the bill on the return day of the summons ; and where there

94 CHANCERY.

are several defendants residing in different counties, a separate summons shall be
issued to each county, including all the defendants residing therein.

Sec. 6. Every summons shall be tested in the name of the clerk of the court
out of which it may issue ; shall bear the seal of the court and the signature of its
clerk * shall be dated of the day it issues, and be made returnable to the next term
of the court, after the date thereof, unless the suit be brought within ten days im-
mediately preceding any term, in which case the summons shall be returnable to
the next term thereafter.

Sec 7. Service of summons shall be made by delivering a copy thereof to the
defendant, or leaving such copy at his usual place of abode, with some white person
of the family, of the age often years or upwards, and informing such person of the
contents thereof, which service shall be at least ten days before the return day of
such summons.

Sec 8. Whenever any complainant shall file in the office of the clerk of the
court in which his suit is pending, an affidavit showing that any defendant resides
or hath °-one out of this State, or on due inquiry can not be found, or is concealed
within this State, so that process can not be served upon him, the clerk shall cause
publication to be made in some newspaper printed in his county, and if there be no
newspaper published in his county, then in a newspaper published in this State,
containing notice of the pendency of such suit, the names of the parties thereto, the
title of the court, and the time and place of the return of summons in the case ; such
publication to be made for four successive weeks, the first of which shall be at least
sixty days before the return day of such summons. But this proceeding shall not
dispense with the usual exertion on the part of the sheriff, to serve the summons.

Sec 9. If sixty days shall not intervene between filing such affidavit and the
return day of the summons, and the summons shall not be served, the cause shall
be continued to the next term. If sixty days shall intervene, as aforesaid, or if ser-
vice of process shall be made, and the defendant shall not appear on the return day
of the summons, the bill may be taken for confessed.

Sec 10. If, for want of due publication or service, the cause shall be continued,
then the same proceedings shall be had at the succeeding term of the court, as may
have been had at the term to which said summons shall be returnable.

Sec 11. If, in any suit in chancery, the process shall not be returned executed
on the return day thereof, the clerk, if required, shall issue an alias, pluries, or other
process, without an order of the court therefor.

Sec 12. The complainant may cause a copy of the bill or petition, together with
a notice of the commencement of the suit, to be delivered to any defendant residing
or being without this State, not less than thirty days previous to the commencement
of the term at which such defendant is required to appear ; which service, when
proved to the satisfaction of the court, by the oath or deposition of any person com-
petent to be a witness in the cause, shall be as effectual as if such service had been
made in the usual form, within the limits of this State.

Sec 13. When any bill is taken for confessed, the court may make such decree
thereon, as may be just, and may enforce such decree, either by sequestration of real
and personal estate, by attachment against the person, by causing possession of
real and personal estate to be delivered to the party entitled thereto, or by ordering
the demand of the complainant to be paid out of the effects or estate sequestered, or
which are included in such decree ; and by the exercise of such other powers as
pertain to courts of chancery, and which may be necessary for the attainment of
justice.

CHANCERY. 95

Sec. 14. A decree for money shall be a lien on the lands and tenements of the
party against whom it is entered, to the same extent and under the same limitations
as a judgment at law.

Sec. 15. When any final decree shall be entered against any defendant who shall
not have been summoned or* notified to appear as required by this chapter, and such
person, his heirs, devisees, executor, administrator or other legal representatives,
as the case may require, shall, within one year after notice in writing given him or
them of such decree, or within three years after such decree, if no such notice
shall have been given as aforesaid, appear in open court and petition to be
heard, touching the matter of such decree, and shall pay such costs as the court
shall deem reasonable in that behalf, the person so petitioning may appear, and
answer the complainant's bill, and thereupon, such proceedings shall be had as if
the defendants had appeared in due season,, and no decree had been made. The
decree shall, after three years from the making thereof, if not set aside in manner
aforesaid, be deemed and adjudged confirmed against such non-resident defendant,
and all persons claiming under him by virtue of any act done subsequent to the
commencement of such suit ; and at the end of the said three years, the court
may make such further order in the premises as shall be required, and shall be
just.

Sec. 16. If the defendant shall be brought into court by virtue of any process,
being in contempt for refusing to appear, and shall continue to refuse or neglect to
enter his appearance, or appoint a solicitor of the court to do it for him, according
to the provisions of this chapter, or the rules of said court, then, and in that case,
the court may appoint a solicitor to enter an appearance of such defendant, and
such further proceedings may be had in the said cause, as if the party had
actually appeared.

Sec. 17. The judges of the circuit courts, in their respective circuits, may
establish rules of proceeding in chancery, and make all needful orders and regula-
tions, consistent with the practice of courts of chancery, in cases not provided for
by law.

Sec. 18. Every defendant who shall be summoned according to the provisions
of this chapter shall file his exceptions, plea, demurrer, or answer to the bill at
the time to which the process or summons shall be returnable ; if he fail to do so,
the bill may be taken for confessed ; but for good cause shewn, the court may
extend the time for excepting or pleading, and the court may thereupon enter an
interlocutory decree, which may be made absolute at the next term, and carried
into effect as other final decrees. If the defendant shall appear at the next term
and offer to file his answer to the bill, the court may permit him to do so, upon his
showing sufficient cause, and paying the costs of the preceding terms ; in such
case, the decree shall be vacated, and the cause may be proceeded in as in other
cases.

Sec. 19. Where a bill is taken for confessed, the court, before a final decree is
made, if deemed requisite, may order the complainant to produce documents
and witnesses to prove the allegations of his bill, or may examine him on oath or
affirmation, touching the facts therein alleged ; such decree shall be made in either
case as the com-t shall consider equitable and proper.

Sec. 20. Every answer shall be verified by an oath or affirmation, taken before
and certified by a judge or justice of the peace in this State, or the clerk of the
court in which the action is pending, or before a judge or justice of the peace or

96 CHANCERY.

other person authorized to administer an oath in the State, territory, kingdom or
empire, in which the defendant may be, or reside ; the official character of such
officer, if out of this State, being attested by the seal of some court of record,
within such State, territory, kingdom or empire.

Sec. 21. When a bill shall be filed in the court 'of chancery, other than for
discovery only, the complainant may waive the necessity of the answer being
made on the oath of the defendant ; and in such cases, the answer may be made
without oath, and shall have no other or greater force as evidence than the bill.

Sec 22. When an answer shall be adjudged insufficient, the defendant shall file
a further answer within such time as the court shall direct, and on failure thereof,
the bill shall be taken as confessed ; if such further answer shall be likewise
adjudged insufficient, the defendant shall file a supplemental answer, and pay all costs
attendant thereon; if that shall be adjudged insufficient, the defendant may be pro-
ceeded against for a contempt, and the like proceedings be had thereon to enforce
the order of the court, as in other cases of contempt.

Sec. 23. Every defendant shall answer fully all the allegations and interrogato-
ries of the complainant, except such as are not required to be answered, by reason
of exceptions, plea or demurrer thereto allowed.

Sec 24. Any defendant may, after filing his answer, exhibit and file his cross
bill containing interrogatories to the complainant, and call upon him to file his
answer thereto, in such time as may be prescribed by the rules of the court.

Sec 25. The complainant shall in such case be held to except, plead, demur
or answer to such cross bill in the same manner that a defendant is required to ex-
cept, plead, demur, or answer to an original bill, and his answer shall be evidence
in the same manner as the defendant's answer to the bill.

Sec 26. If the complainant shall fail to answer such interrogatories, his bill or
petition shall be dismissed with costs, or the new matter set out in the defendant's
cross bill shall be taken as confessed, and a decree entered accordingly.

Sec 27. Where it is necessary for the defendant to bring a new party before
the court, he shall state it in his answer, and insert interrogatories for him in
his answer; and a subpoena shall be issued, and other proceedings had, as in the
case of other defendants.

Sec 28. No complainant shall be allowed to dismiss his bill, after a cross bill
has been filed, without the consent of the defendant.

Sec 29. The complainant shall not be compelled to file his answer to any cross
bill, until the defendant shall have filed a sufficient answer to the complainant's bill.

Sec. 30. All exceptions to answers to interrogatories exhibited by the defendant
as aforesaid, shall be filed within such time as the court may direct, and be argued
at such time as the court may appoint. If the complainant's exceptions be overruled,
he shall pay costs to the defendant; and if the defendant's answer be adjudged in-
sufficient, he shall pay costs to the complainant.

Sec 31. Replications shall be general, with the like advantage to all parties as
if special ; and shall be filed in four days after the answer, if in term time ; or if
such answer be filed in vacation, the plaintiff or his attorney shall have notice thereof.

Sec 32. After replication is filed, the cause shall be deemed at issue, and stand
for hearing at the next term, or in default of filing such replication, the cause may
be set for hearing upon the bill and answer ; in which case the answer shall be taken
as true, and no evidence shall be received, unless it be matter of record to which
the answer refers.

CHANCERY. 97

Sec. 33. When the complainant shall require a discovery respecting the matters
charged in the bill, the disclosure shall not bo deemed conclusive ; but if a replica-
tion be filed, may be disproved or contradicted, like any other testimony, according
to the practice of courts of equity.

Sec 34. The said circuit courts, when sitting as courts of equity, may extend
the time for answering, replying, pleading, demurring, or joining in demurrer ; and
may permit the parties to amend their bills, petitions, pleas, answers and replications.
on such terms as the court may deem proper, so that neither party be surprised nor
delayed thereby.

Sec. 35. The said circuit courts may, in their discretion, direct an issue or
issues to be tried by a jury, whenever it shall be judged necessary in any cause in
equity, pending in any of the said courts. In all other causes in equity, the mode
of trial shall be the same as has been heretofore practiced in courts of chancery.

Sec. 36. Whenever an execution shall have been issued against the property of
a defendant, on a judgment at law or in equity, and shall have been returned unsat-
islied, in whole or in part, the party sueing out such execution may file a bill in
chancery against such defendant, and any other person, to compel the discovery of
any property, or thing in action, belonging to the defendant; and if any propertv,
money or thing in action due to him, or held in trust for him, and to prevent the
transfer of any such property, money or thing in action, or the payment or deli-
very thereof to the defendant, except when such trust has been created bv, or the
fund so held in trust has proceeded from, some person other than the defendant
himself.

Sec 37. The court shall have power to compel such discovery, and to prevent
such transfer, payment or delivery, and to decree satisfaction of the sum remaining
due on such judgments, out of any personal property, money, or things in action,
belonging to the defendant, or held in trust for him, with the exception above stated,
which shall be discovered by the proceedings in chancery, whether the same were
originally liable to be taken in execution at law or not: Provided, That no answer
made to any bill filed under this and the preceding section shall be read in evidence
against the defendant on the trial of any indictment for the fraud charged in the bill.

Sec 38. If in any suit or action now pending, or which shall hereafter be
brought in any court of chancery, there are or shall be two or more complainants or
defendants, and one or more of them die, (if the cause of such action or suit survive
to the surviving complainant or complainants, or against the surviving defendant or
defendants,) such suit or action shall not thereby be abated ; but such death being
suggested and shown to the satisfaction of the court, such suit or action shall pro-
ceed at the suit of the surviving complainant or complainants, and against the sur-
ving defendant or defendants.

Sec 39. When there shall be two or more complainants or defendants, in any
suit or action in chancery, as aforesaid, and any of them die, and the cause of action
do not survive, but other persons shall become parties in interest, in right, or by the
death of such deceased party, such suit or action shall, by reason of such death, be
abated only with respect to such deceased party. The surviving complainant or
complainants may proceed against the surviving defendant or defendants, without
reviving the suit against the representatives of the deceased party, or any other
who may become interested by the death of such party ; but, in such case, such
representatives or other persons becoming interested by the death of such party,
shall not be bound by any order or decree in such cause to which they are not made
7

9S CHANCERY.

parties ; and they may be made parties in the manner provided in chapter one of
the Revised Statutes.

Sec. 40. In all cases where all the complainants or defendants, in any suit now
pending, or hereafter to be brought in any court of chancery, shall die before final
decree, such suit or action shall not thereby be abated, but may be revived in the
name of the legal representatives of the deceased, or other person becoming inter-
ested in the cause of action by the death of such party.

Sec. 41. In all suits in chancery, and suits to obtain title to lands, in any of the
courts of this State, if there be persons interested in the same, whose names are
unknown, it shall be lawful to make such persons parties to such suits or proceed-
ings, by the name and description of persons unknown, or unknown heirs or devi-
sees of any deceased person, who may have been interested in the subject matter
of the suit previous to his or her death; but in all such cases an affidavit shall be
filed b)r the party desiring to make any unknown person a party, stating that the
names of such persons are unknown, and process shall be issued against all parties,
by the name and description given as aforesaid, and notices given by publication, as
is required in section eight of this chapter, shall be sufficient to authorize the court
to hear and determine the suit, as though all parties had been sued by their proper
names.

Sec. 42. All decrees, orders, judgments and proceedings, made or had with
respect to such unknown persons, shall have the same effect, and be as binding and
conclusive upon them, as though such suit or proceeding had been instituted against
them by their proper names.

Sec 43. Whenever a decree shall be made in any suit in equity, directing the
execution of any deed or other writing, and the party against whom the same shall
have been entered shall not comply therewith, within the time required, it shall
be lawful for the court to appoint a commissioner to execute the same ; the
execution thereof by such commissioner shall be as valid in law to pass, release or
extinguish the right, title and interest of the party on whose behalf it is executed,
as if it had been executed by such party in proper person, in conformity with
such decree ; and such deed or other writing, if it relate to land, shall, within
six months after its execution by such commissioner, be recorded in the office of
the recorder of the county wherein the lands may lie.

Sec 44. In all cases where a sale of property is decreed, the court may direct
the same to be made for cash, or on such credit, and on such terms as it may deem
best and most equitable to the interests of the several parties.

Sec 45. All decrees given in causes in equity in this State, shall be a lien
on all real estate respecting which such decrees shall be made ; and whenever, by
any decree, any party to a suit in equity shall be required to perform any act other
than the payment of money, or to refrain from performing any act, the court may,
in such decree, order that the same shall be a lien upon the real or personal estate,
or both, of such party until such decree shall be fully complied with ; and such lien
shall have the same, force and effect, and be subject to the same limitations and re-
strictions as judgments at law.

Sec 46. When there shall be no master in chancery or commissioner to ex-
ecute a decree, the same may be carried into effect by execution, or other final
process, according to the nature of the case, directed to the sheriff or other officer of
the proper county ; which, when issued, shall be executed and returned by the sheriff
or other officer to whom it may be directed, and shall have the same operation and

CHARITABLE USES.

99

force, as similar writs issued upon a judgment at law. The sheriff or other officer
to whom the same is directed, shall be subject to the like penalties and recoveries
for misconduct or neglect in the execution or return thereof, as in cases at law ; or
the court may, if necessary, direct an attachment to be issued against the party
disobeying such decree, and fine or imprison him, or both, in the discretion of the
court and may also direct a sequestration for disobedience of any decree.

Sec 47. In any cause in equity it shall be lawful for the court in which the
cause is pending to appoint a guardian ad litem, to any infant or insane defendant in
such cause, whether such infant or insane defendant shall have been served with
process or not, and to compel the person so appointed to act. By such appoint-
ment, such person shall not be rendered liable to pay costs of suit; and he shall
moreover be allowed a reasonable sum for his charges as such guardian, to be paid
by the party at whose motion he was appointed, to be taxed in the bill of costs.

Sec. 48. The several circuit courts of this State shall have power to "appoint,
in each county, a master in chancery, who shall hold his office during the term of
four years.

Sec 49. Every master in chancery, before entering on the duties of his ap-
pointment, shall give bond, with security to be approved by the court, and take
and subscribe an oath of office, which bond and oath shall be filed with the clerk of
the court making the appointment.

Sec 50. Masters in chancery, in their respective counties, shall have power to
take depositions, both in law and equity, to administer oaths, to compel the attend-
ance of witnesses, and in the absence from the county, of the circuit judge presiding
in such county, to order the issuing of writs of habeas corpus, ne exeat and injunc-
tion, and perform all other duties, which, according to the laws of this State, and
the practice of courts of chancery, appertain to the office.

Sec 51. Whenever it shall happen that there shall be no master in chancery,
in any county, or when such master shall be of counsel, of kin to either party, in-
terested, or otherwise disqualified or unable to act in any suit or matter, the court
may appoint a special master, to perform the duties of the office in all things con-
cerning such suit or matter.

Sec 52. Masters in chancery shall receive for their services such compensa-
tion as shall be allowed by law, to be taxed as other costs.

Sec 53. Nothing in the preceding sections contained shall be construed to ex-
tend to those articles in possession of the defendant, which are exempt from exe-
cution by law.

Approved: March 3, 1845.

[Amended: — See Appendix, Acts Nos. 3, 4 and 6.]

CHAPTER XXII.

CHARITABLE USES.

Section

1. Grants of land, not over ten acres, for school

houses, &c, valid ; to be recorded.

2. Grants to be made to county commissioners'

court, in trust, &c.

3. Trespassers, how punished ; fines, how applied.

Section

4. When trust is perverted, property to vest in

county, unless otherwise directed in grant.

5. Property donated, may be sold by county com-

missioners, by consent of parties j county
commissioners not to be responsible for title.

100 CHARITABLE USES.

Section 1. All gifts and grants of land heretofore made for the erection of a
school house, a house for divine worship, for burying the dead, or for any other chari-
table public purpose, when such gift or grant of land shall not exceed ten acres,
shall be held valid in law to the use of the person or persons or religious society
therein named, for the purpose of education, for divine worship or for the inter-
ment of the dead, and none other : Provided, That such gifts and grants shall be
recorded in the county where such lands may lie, within the time prescribed by
law.

Sec. 2. When any person shall hereafter deem it proper to make a donation or
grant of land for the purpose of erecting a house for divine worship, a house for
education or for the interment of the dead, such deed of gift or grant shall be made
and executed to the county commissioners of the proper county, and their succes-
sors in office in trust, and for the use of the persons, society or collection of people
therein named ; which shall be held and used by such society, persons, or body of
people, as therein directed, for the sole use of education, divine worship, and inter-
ment of the dead, and none other ; which deed shall be recorded in the recorder's
office of the proper county, within twelve months after the execution of the same :
Provded, That in no case shall such grant for the erection of a house for divine
worship exceed in quantity ten acres of land.

Sec. 3. If any person or persons shall commit any trespass upon the premises so
granted, such trespasser shall be liable to pay all damages so committed, to be recov-
ered in the name of any person who will sue for the same ; and when recovered shall
be paid over to those persons or societies interested in the premises, to be expended
by them in repairing such damages, or making any improvements thereon that they
may think fit.

Sec 4. When any gift or grant, as aforesaid, shall be perverted, or used for
any other purpose than contemplated in this chapter, or shall be abandoned by the
donees, such gifts or grants shall become vested in the county where such lands may
lie, unless otherwise directed in such gift or grant, by the donor, and shall be sold
by the order of the county commissioners of such county, and the proceeds thereof
applied for the use of education in such county.

Sec 5. In all cases in which any land or lot has been, or may be conveyed to
the county commissioners of any county in this State for the use of any religious
society, congregation or church, or to the intent that houses should be erected thereon
for purposes of divine worship, and the society, congregation, church or person
for whose use the conveyance was made, shall desire to sell or otherwise dispose
of the premises conveyed, and shall obtain the consent of the donor, or grantor, or
his heirs, or their legal representatives to such sale, or dispostion, it shall be the
duty of the county commissioners to whom the conveyance was made, or their
successors, to execute conveyances for the same, so as to divest the legal title, and
release all claim of the county to the premises conveyed ; but no commissioners
or county shall, by virtue of such conveyance, become responsible for the title of
the premises conveyed, except as against their own acts.

Approved : March 3, 1845.
[Amended: — See Appendix, Act No. 6.]

CHAPTER XXIII.

CONGRESS.

Section

1. State divided into seven congressional districts.

2. Counties composing the first district.

3. Counties composing the second district.

4. Counties composing the third district.

5. Counties composing the fourth district.

Section

6. Counties composing the fifth district.

7. Counties composing the sixth district.

8. Counties composing the seventh district.

9. One representatives in Congress elected in each

district once in two vears.

Section 1. For the purpose of electing seven representatives to the House of
Representatives of the Congress of the United States, the following districts shall
be and are hereby established, to be styled and known as districts numbered first,
second, third, fourth, fifth, sixth and seventh.

Sec. 2. The first district shall be composed of the counties of Alexander, Union.
Pulaski, Jackson, Perry, Randolph, Monroe, Washington, St. Clair, Clinton, Bond
and Madison.

Sec S. The second district of the counties of Johnson, Pope, Hardin, William-
son, Gallatin, Franklin, Hamilton, White, Wabash, Edwards, Wayne, Jefferson,
Marion and Massac.

Sec. 4. The third district of the counties of Lawrence, Richland, Crawford,
Jasper, Effingham, Fayette, Montgomery, Christian, Shelby, Moultrie, Coles, Clark.
Clay, Edgar, Macon, Piatt and De Witt.

Sec 5. The fourth district of the counties of Lake, Mctlenry, Boone, Cook,
Kane, De Kalb, Du Page, Kendall, Grundy, La Salle, Will, Iroquois, Livingston.
McLean, Champaign, Vermilion and Bureau.

Sec 6. The fifth district of the counties of Greene, Jersey, Calhoun, Pike.
Adams, Marquette, Brown, Schuyler, Fulton, Peoria and Macoupin.

Sec 7. The sixth district of the counties of Jo Daviess, Stephenson, Winnebago.
Carroll, Ogle, Lee, Whiteside, Rock Island, Henry, Stark, Mercer, Henderson,
Warren, Knox, McDonough and Hancock.

Sec 8. Tlie seventh district of the counties of Putnam, Marshall, Woodford.
Tazewell, Mason, Menard, Cass, Morgan, Scott, Logan and Sangamon.

Sec 9. One representative to Congress shall be elected from each of the dis-
tricts above enumerated, once in every two years, recurring from the day of the
last election, to-wit, the first Monday of August, eighteen hundred and forty-four,
which representatives in Congress shall be elected as provided by law.

Approved: March 3, 1845.

CHAPTER XXIV.

CONVEYANCES.

Section

1. Livery of seizin not necessary in convey- ;

ances of real property ; capacity of grantor j

in such case; grant, how vested; prior title i

not to be disturbed.
i. Effect of grant.

3. When any person is seized of lands, &c, extent

of title, and legal obligation.

4. Claimant of lands, though not in possession,

may convey interest therein; grantees shall
have right of recovery, as fully as though gran-
tee were in possession.

5. Estate in joint tenancy, how held; when in joint

tenancy ; when in common.

6. Persons seized in fee tail of lands at common

law, to have estate for life only ; how remain-
der shall pass.

7. When vendor, not having good title at the time

of sale, afterwards acquires it, title to be valid.

8. Person in actual possession seven years and

paying all taxes, his paper title deemed good;
all persons holding under such possession to
have same benefit.

9. Persons having paper title to unoccupied lands,

how to acquire title ; persons having better
paper title, their rights.

1 0. Limitation to two preceding sections ; proviso.

1 1 . Import of the words " grant, " " bargain, " « sell."

12. Deeds given in security for payment of money

shall be considered as mortgages.

13. Estates to one, without words of inheritance,

deemed estates of inheritance, unless expressly
limited.
1 4. Estates in remainder to posthumous heirs, how
taken.

15. Married women may relinquish right of dower.

16. Conveyances of real estate; by whom maybe

made ; in what manner and before whom ac-
knowldged ; in this State ; out of this State ;
out of United States ; mode of authentication
in each case.

17. Manner of acknowledging and proving convey-

ance executed by husband and wife ; rights of
wife, how aliected thereby.

18. What acknowledgment suHicient to entitle deed

to record in other counties ; what necessary
when acknowledged before justices of the
peace.

1 0. Deeds, &c, of lands sold for taxes, may be ac-

knowledged before auditor.
20. When necessary to prove identity of person ac-

Sjection 1. Livery of seizin shall in no case be necessary for the conveyance
of real property ; but every deed, mortgage, or other conveyance in writing, signed
and sealed by the party making the same, the maker or makers being of full age,
sound mind, discovert, at large, and not in duress, shall be sufficient, without livery
of seizin; for the giving, granting, selling, mortgaging, leasing or otherwise con-
veying or transferring any lands, tenements or hereditaments, in this State ; so as
to all intents and purposes, absolutely and fully to vest in every donee, grantee,

Section

knowledging deed; how proved; how certi-
lied; how signatures of subscribing witnesses
may be proved ; how, in case of death of sub-
scribing witness.

2 1 . Married woman may release her right of dower
in landj of her husband; manner of ac-
knowledgment; what facts to be certified;
eliect of such acknowledged grant; right of
dower bond.

22. Deeds, &c, to be recorded in county in which
the land conveyed lies ; or in county to which
unorganized county may be attached.

23. Conveyances to take eflect from time of being
filed for record.

24. Powers of attorney, &c, affecting real estate to
be acknowledged and recorded; shall have ef-
fect, until revoked by deed.

25. Deeds, &.c, may, though not recorded, be read
in evidence; if original deed be lost, trans-
cript of record may be read in evidence.

26. County commissioners may execute conveyances
of real estate in behalf of their counties.

27. Certificates of school lands may be transferred
by indorsement, &.c; eliect of such transfer;
how proved.

28. Deeds, &c, when filed for record, notice to cred-
itors and subsequent purcliasers, but not to be
read in evidence, unless proved by proper tes-
timony.

Deeds of sheriffs, proved before clerk of court
of record, entitled to be recorded.

Sheriff may execute deed for predecessor.

Persons dying, having contracted to give deed,
court of chancery may enforce such contract.

How case to be presented before court can act
in such case.

33. When minors are concerned, to have notice ;
guardian to be appointed.

34. Legal representatives of deceased person may
prosecute suit for enforcement of such con-
tract.

35. Court may continue cause ; decree.

36. Complete record to be made ; costs awarded.

37. How mortgages may be discharged.

38. Penalty if mortgagee refuse to discharge mort-
gage.

39. Term "real estate" defined.

40. This chapter not to affect wills, &c.

41. If grantor be dead, and his deed be not properly
proved, defect, how supplied.

29.

32.

CONVEYANCES. 103

bargainee, mortgagee, lessee or purchaser, all such estate or estates as shall be
specified in any such deed, mortgage, lease or other conveyance. Nothing herein
contained shall be so construed as to divest or defeat the older or better estate or
rig! t of any person or persons, not party to any such deed, mortgage, lease, or other
conveyance.

Sec. 2. Every estate, feoffment, gift, grant, deed, mortgage, lease, release, or
confirmation of lands, tenements, rents, services or heredit aments made or had, or
hereafter to be made or had, by any person or persons, being of full age, sound
mind, discovert, at large, and not in duress, to any person or persons ; and all
recoveries, judgments and executions, had or made, or to be had or made, shall be
good and effectual to him, her or them, to whom it is, or shall be so made, had or
given, and to all others ; to his, her or their use, against the judgment debtor,
seller, feoffor, donor, grantor, mortgagor, lessor, releasor or confirmor, and against
m\, her or their heirs, or heirs claiming the same, only as heir or heirs, and
every of them ; and against all others having or claiming any title or interest in the
same, only to the use of the same judgment debtor, seller, feoffor, donor, grantor,
mortgagor, lessor, releasor or confirmor, or his, her, or their said heirs, at the time
of the judgment, execution, bargain, sale, mortgage, covenant, lease, release, gift
or grant made.

Sec. 3. Where any person or persons stand or be seized, or at any time here-
after shall stand or be seized of, and in any messuages, lands, tenements, rents,
services, reversions, remainders, or other hereditaments, to the use, confidence or
trust of any other person or persons, or of any body politic, by reason of any bar-
gain, sale, feoffment, fine, recovery, covenant, contract, agreement, will or other-
wise, by any manner of means whatsoever ; in every such case, all and every such
person or persons, and bodies politic, that have, or hereafter shall have any such
use, confidence or trust, in fee simple, for term of life or for years or otherwise,
or any use, confidence or trust, in remainder or reversion, shall from thenceforth
stand and be seized, deemed and adjudged in lawful seizin, estate and possession of,
and in the same messuages, lands, tenements, rents, services, reversions, remain-
ders and hereditaments, with their appurtenances, to all intents, constructions and
purposes in law, of, and in such like estates, as they had or shall have in use, confi-
dence or trust, of, or in the same 5 and that the estate, right, title and possession,
that was or shall be in such person or persons, that were, or hereafter shall be
seized of any lands, tenements or hereditaments, to the use, confidence, or trust of
any such person or persons, or of any body politic, be from henceforth clearly
deemed and adjudged to be in him, her or them, that have, or hereafter shall have
such use, confidence, or trust, after such quality, manner, form and condition, as
they had before, in or to the use, confidence, or trust, that was or shall be in them.

Sec 4. Any person claiming right or title to lands, tenements or hereditaments,
although he, she, or they may be out of possession, and notwithstanding there may
be an adverse possession thereof, may sell, convey, and transfer his or her interest
in and to the same, in as full and complete a manner as if he or she were in the
actual possession of the lands and premises intended to be conveyed; and the grantee
or grantees shall have the same right of action for the recovery thereof, and shall
in all respects derive the same benefit and advantage therefrom, as if the grantor or
grantors had been in the actual possession at the time of executing the conveyance.

Sec 5. No estate in joint tenancy, in any lands, tenements or hereditaments,
shall be held or claimed under any grant, devise or conveyance whatsover, here-

104 CONVEYANCES.

toibre or hereafter made, other than to executors and trustees, unless the premises,
therein mentioned shall expressly be thereby declared to pass, not in tenancy in
common, but in joint tenancy j and every such estate, other than to executors or
trustees, (unless otherwise expressly declared as aforesaid,) shall be deemed to be
in tenancy in common.

Sec. 6. In cases where, by the common law, any person or persons might here-
after become seized, in fee tail, of any lands, tenements or hereditaments, by virtue
of any devise, gift, grant or other conveyance, hereafter to be made, or by any other
means whatsoever, such person or persons, instead of being or becoming seized
thereof in fee tail, shall be deemed and adjudged to be, and become seized thereof,
for his or her natural life only, and the remainder shall pass in fee simple absolute,
to the person or persons to whom the estate tail would, on the death of the first
grantee, devisee or donee in tail, first pass, according to the course of the common
law, by virtue of such devise, gift, grant or conveyance.

Sec. 7. If any person shall sell and convey to another, by deed or conveyance,
purporting to convey an estate in fee simple absolute, in any tract of land or real
estate, lying and being in this State, not then being possessed of the legal estate or
interest therein at the time of the sale and conveyance; but after such sale and con-
veyance, the vendor shall become possessed of, and confirmed in the legal estate, to
the land or real estate so sold and conveyed, it shall be taken and held to be in
trust, and for the use of the grantee or vendee ; and the conveyance aforesaid shall
be held and taken, and shall be as valid as if the grantor or vendor had the legal
estate or interest, at the time of said sale or conveyance.

Sec 8. Every person in the actual possession of lands or tenements, under
claim and color of title, made in good faith, and who shall, for seven successive
years, continue in such possession, and shall also, during said time, pay all taxes
legally assessed on such lands or tenements, shall be held and adjudged to be the
legal owner of said lands or tenements, to the extent and according to the purport of
his or her paper title. All persons holding under such possession, by purchase,
devise, or descent, before said seven years shall have expired, and who shall con-
tinue such possession, and continue to pay the taxes as aforesaid, so as to complete
the possession and payment of taxes for the term aforesaid, shall be entitled to the
benefit of this section.

Sec 9. Whenever a person having color of title, made in good faith, to vacant
and unoccupied land, shall pay all taxes legally assessed therecn fcr seven succes-
sive years, he or she shall be deemed and adjudged to be the legal owner of said
vacant and unoccupied land, to the extent and according to the purport of his or her
paper title. All persons holding under such tax-payer, by purchase, devise, or de-
scent, before said seven years shall have expired, and who shall continue to pay
the taxes as aforesaid, so as to co nplete the payment of taxes for the term afore-
said, shall be entitled to the benefit of this section : Provided, however, If any per-
son, having a better paper title to said vacant and unoccupied land, shall, during
the said term of seven years, pay the taxes assessed on said land for any one or more
years of the said term of seven years, then and in that case such tax-payer, his
heirs and assigns, shall not be entitled to the benefit of this section.

Sec 10. The two preceding sections shall not extend to lands or tenements
owned by the United States or this State, nor to school and seminary lands, nor to
lands held for the use of religious societies, nor to lands held for any public purpose.
Nor shall they extend to lands or tenements wdicn there shall be an adverse title

CONVEYANCES. 105

to such lands or tenements, and the holder of such adverse title is under the age of
twenty-one years, insane, imprisoned, feme covert, out of the limits of the United
States, and in the employment of the United States or of this State : Provided,
Such person shall commence an action, to recover such lands or tenements so pos-
sessed as aforesaid, within three years after the several disabilities herein enumer-
ated shall cease to exist, and shall prosecute such action to judgment, or, in case of
vacant and unoccupied land, shall, within the time last aforesaid, pay to the person
or persons who have paid the same, all the taxes, with interest thereon, at the rate of
twelve per cent, per annum, that have been paid on said vacant and. unimproved
land.

Sec. 11. All deeds, whereby any estate of inheritance, in fee simple, shall here-
after be limited to the grantee and his heirs, or other legal representatives, the words
" grant, " " bargain, " " sell, " shall be adjudged an express covenant to the grantee,
his heirs and other legal representatives, to-wit : That the grantor was seized of an
indefeasible estate, in fee simple, free from incumbrances, done or suffered from the
grantor, except the rents and services that maybe reserved, as also for quiet enjoy-
ment against the grantor, his heirs and assigns, unless limited by express words
contained in such deed: And the grantee, his heirs, executors, administrators and
assigns, may in any action assign breaches, as if such covenants were expressly in-
serted : Provided, always, That this law shall not extend to leases at rack rent, or
leases not exceeding one-and-twenty years, where the actual possession goes with
the lease.

Sec 12. Every deed conveying real estate, which, by anything therein contain-
ed shall appear to have been intended only as a security in the nature of a mortgage,
though it be an absolute conveyance in terms, shall be considered as a mort-
gage.

Sec 13. Every estate in lands, which shall be granted, conveyed or devised to
one, although other words heretofore necessary to transfer an estate of inheritance
be not added, shall be deemed a fee simple estate of inheritance, if a less estate be
not limited by express words, or do not appear to have been granted, conveyed, or
devised by construction or operation of law.

Sec 14. When an estate hath been, or shall be, by any conveyance limited in
remainder to the son or daughter or to the use of the son or daughter of any person
to be begotten, such son or daughter, born after the decease of his or her father,
shall take the estate in the same manner as if he or she had been born in the life time
of the father, although no estate shall have been conveyed to support the contingent
remainder after his death.

Sec 15. A married woman may relinquish her right of dower, in any of the
real estate of her husband, by joining him in a deed of conveyance, and acknowl-
edging the same in the manner hereinafter prescribed.

Sec 16. Deeds and instruments of writing for the conveyance of real estate in
this State, or any interest therein, whereby the rights of any person may be affected
in law or equity, before they shall be entitled to record, shall be subscribed by the
party or parties thereto, in proper person, and acknowledged or proved before one
of the following ofiicers, to-wit : First, when acknowledged or proved within this
State, before any judge, justice or clerk of any court of record in this State, having
a seal ; any mayor of a city, notary public, or commissioner authorized to take the
acknowledgment of deeds, having a seal, or any justice of the peace: Second, when
executed and acknowledged or proved without this State and within the United

106 CONVEYANCES.

States or their territories, or the District of Columbia, in conformity with the laws
of such State, territory or District : Provided, That any clerk of a court of record,
within such State, territory or District, shall, under his hand and the seal of such
court, certify that such deed or instrument is executed and acknowledged or proved
in conformity with the laws of such State, territory or District : Third, when
acknowledged or proven without the United States, bei'ore any court of any republic,
State, kingdom or empire, having a seal, or any mayor or chief officer of any city or
town, having a seal, or before any officer authorized by the laws of such foreign
country, to take acknowledgments of conveyances of real estate, if he have a seal,
such deed to be attested by the official seal of such court or officer ; and in case
such acknowledgment is taken other than before a court of record, or mayor, or
chief officer of a town having a seal, proof that the officer taking such acknowledg-
ment was duly authorized by the laws of his country to do so, shall accompany the
certificate of such acknowledgment.

Sec. 17. When any husband and wife residing in this State, shall wish to con-
vey the real estate of the wife, it shall and may be lawful for the said husband and
wife, she being above the age of eighteen years, to execute any grant, bargain, sale,
lease, release, feoffment, deed, conveyance or assurance, in law whatsoever, for the
conveying of such lands, tenements and hereditaments ; and if, after the executing
thereof, such wife shall appear before some judge or other officer, authorized by
this chapter to take acknowledgments, to whom she is known, or proved by a cred-
ible witness to be the person who executed such deed or conveyance, such judge or
other officer shall make her acquainted with, and explain to her the contents of such
deed or conveyance, and examine her separate and apart from her husband, whether
she executed the same voluntarily, freely, and without compulsion of her said hus-
band ; and if such woman shall, upon such examination, acknowledge such deed
or conveyance to be her act and deed, that she executed the same voluntarily and
freely, and without compulsion of her husband, and does not wish to retract, the
said judge or other officer shall make a certificate indorsed on, or annexed to such
deed or conveyance, stating that such woman was personally known to the said
judge or other officer, or proved by a witness, (naming him,) to be the person who
subscribed such deed or conveyance and setting forth the examination and acknowl-
edgment aforesaid, and that the contents were made known and explained to her ;
and such deed, (being acknowledged or proved according to law as to the husband,)
shall be as effectual in law as if executed by such woman while sole and unmarried.
No covenant or warranty contained in any such deed or conveyance, shall in any
manner bind or affect such married woman, or her heirs, further than to convey
from her and her heirs effectually, her right and interest expressed to be granted
or conveyed in such deed or conveyance.

Sec 18. Deeds and other conveyances of real estate, executed and acknowl-
edged or proven in proper form in this State, before any judge or justice of the
supreme or circuit courts, or before any court or officer having a seal, and attested
by such seal, shall be entitled to record without further attestation. When
acknowledged before a justice of the peace, residing within this State, the certificate
of the clerk of the county commissioners' court, of the proper county, under his
seal of office, that the person taking such proof, or acknowledgment, was a justice
of the peace at the time of taking the same, shall be deemed sufficient evidence of
that fact. If such justice reside within the county where the lands conveyed, are
situate, no such certificate shall be required.

CONVEYANCES. 107

Sec. 19. Any conveyance or assignment of certificates of the purchase of
land sold for taxes by the auditor of public accounts, may be acknowledged before
said auditor, and such acknowledgment shall be deemed good and valid.

Sec. 20. No judge or other officer shall take the acknowledgment of any
person to any deed or instrument of writing as aforesaid, unless the person offer-
ing to make such acknowledgment shall be personally known to him to be the real
person who, and in whose name such acknowledgment is proposed to be made, or
shall be proved to be such, by a credible witness, and the judge or officer taking
such acknowledgment shall in his certificate thereof, state that such person was
personally known to him to be the person whose ■ name is subscribed to such deed
or writing, as having executed the same, or that he was proved to be such by a
credible witness, (naming him,) and on taking proof of any deed or instrument of
writing by the testimony of any subscribing witnesses, the judge or officer shall
ascertain, that the person who offers to prove the same, is a subscribing witness,
either from his own knowledge, or from the testimony of a credible witness ; and
if it shall appear from the testimony of such subscribing witness that the person
whose name appears subscribed to such deed or writing, is the real person who
executed the same, and that the witness subscribed his name as such, in his presence
and at his request, the judge or officer shall grant a certificate, stating that the
person testifying as subscribing witness was personally known to him to be the
person whose name appears subscribed to such deed as a witness of the execution
thereof, or that he was proved to be such by a credible witness, (naming him,) and
stating the proof made by him ; and where any grantor or person executing such
deed. or writing and the subscribing witnesses are deceased, or can not be had, the
judge or officer, as aforesaid, may take proof of the hand writing of such deceased
party and subscribing witness or witnesses (if any) and the examination of a com-
petent and credible witness, who shall state on oath or affirmation, that he person-
ally knew the person, whose hand writing he is called prove, and well knew his
signature, (stating his means of knowledge,) and that he believes the name cf such
person subscribed to such deed or writing, as party or witness, (as the case may
be,) was thereto subscribed by such person; and when the hand writing of the
grantor or person executing such deed or writing, and of one subscribing witness,
(if any there be,) shall have been proved as aforesaid, the judge or officer shall
grant a certificate thereof, stating the proof aforesaid.

Sec 21. It shall and may be lawful for any married woman to release her
right of dower, of, in, and to any lands and tenements, whereof her husband may
be possessed or seized, by any legal or equitable title during coverture, by joining
such husband in the deed or conveyance, for the conveying of such lands and
tenements, and appearing and acknowledging the same before any judge or other
officer authorized to take acknowledgments by this chapter ; and it shall be the duty
of such judge or other officer, if such woman be not personally known to him, to
be the person who subscribed such deed or conveyance, to ascertain the same by
the testimony, of at least one competent and credible witness ; and upon being
satisfied of that fact, shall acquaint such woman with the contents of the deed or
conveyance, and shall examine her separate and apart from he husband, whether
she executed the same, and relinquished her dower to the lands and tenements
therein mentioned, voluntarily, freely, and without compulsion of her said husband ;
and if she acknowledge that she executed the same, and relinquishes her dower
in the lands and tenements therein mentioned, voluntarily and freely and without

10S CONVEYANCES.

the compulsion of her husband, such judge or other officer shall grant a certificate
to be indorsed on, or annexed to such deed, stating that such woman was personally
known to him, or was proved by a witness, (naming him,) to be the person who
subscribed such deed or writing; and that she was made acquainted with the
contents thereof, and was examined, and acknowledged such deed as aforesaid ;
which, being recorded, together with the deed, duly executed and acknowledged by
the husband according to law, shall be sufficient to discharge and bar the claim of
such woman to dower, in the lands and tenements conveyed by such deed or con-
veyance.

Sec. 22. Deeds and other instruments relating to, or affecting the title to real
estate in this State, shall be recorded in the county in which such real estate is
situated, but. if such county is not organized, then in the county to which such
unorganized county is attached for judicial purposes.

Sec. 23. All deeds, mortgages and other instruments of writing which are
required to be recorded, shall take effect, and be in force from and after the time of
filing the same for record, and not before, as to all creditors and subsequent pur-
chasers, without notice; and all such deeds and title papers shall be adjudged void
as to all such creditors and subsequent purchasers, without notice, until the same
shall be filed for record.

Sec. 24. All powers or letters of attornejr, or agency, authorizing the granting,
selling, conveying, assuring, releasing or transferring, or for the executing or
acknowledging of any grants, sales, leases, assurances, or other conveyances or
writings whatsoever, concerning any lands and tenements or whereby the same
may be affected in law or equity, shall be acknowledged or proved, and recorded as
herein before required in cases of deeds and other assurances ; after which, all
grants, conveyances and assurances, made and acknowledged, pursuant'tothe powers
granted, unless the same be revoked by a deed duly acknowledged and proven,
and recorded as aforesaid, shall be as valid and effectual as if executed and ac-
knowledged by the constituent or constituents.

Sec 25. Every deed, conveyance or other writing, of, or concerning any
lands, tenements or hereditaments, which, by virtue of this chapter shall be re-
quired or entitled to be recorded as aforesaid, being acknowledged or proved accor-
ding to the provisions of this chapter, whether the same be recorded or not, maybe
read in evidence without any further proof of the execution thereof, and if it shall
appear to the satisfaction of the court, that the original deed so acknowledged or
proved and recorded, is lost or not in the power of the party wishing to use it, a
transcript of the record thereof, certified by the recorder in whose office the same
may be recorded, may be read in evidence, in any court of this State, without proof
thereof.

Sec 26. The county commissioners of the several counties of this State are
hereby authorized to execute and deliver all deeds, grants, conveyances and
bonds which may become necessary in settling and transferring real estate belonging
to their respective counties ; and such deeds, grants, conveyances and bonds, if
made without fraud or collusion, shall be obligatory upon the counties to all intents
and purposes.

Sec. 27. Purchasers of school or canal lands or town lots, may by indorse-
ment in writing on their certificates of purchase, transfer and assign all right and
title to the lands or lots purchased, or transfers or assignments of such certificates
may be made upon a separate paper, and transferees or assignees, may in like man-

CONVEYANCES. 109

ner transfer and assign all such certificates, and in all cases where certificates have
been or shall hereafter be transferred or assigned, patents shall issue in the name of
the last transferee or assignee: Provided, That the transfers or assignments, shall
be proven by certificate of the school or acting canal commissioner ; or proven
in the manner required to prove the execution of deeds of conveyance, to entitle
them to be admitted to record.

Sec. 28. Deeds, mortgages and other instruments of writing relating to real
estate, shall be deemed, from the time of being filed for record, notice to subse-
quent purchasers and creditors, though not acknowledged or proven according to
law ; but the same shall not be read as evidence unless their execution be proved in
manner required by the rules of evidence applicable to such writings, so as to sup-
ply the defects of such acknowledgment or proof.

Sec. 29. All deeds which may be executed by any sheriff or other officer, for
any real estate, sold on execution, upon being acknowledged or proven before any
clerk of any court of record in this State, and certified under the seal of such court,
shall be admitted to record in the county where the real estate sold, shall be situated.
Sec 30. The successor of any sheriff or other officer shall be authorized to ex-
ecute deeds for real estate sold by the predecessor, or to acknowledge any deed
executed and not acknowledged by such predecessor.

Sec 31. When any person or persons who have heretofore entered, or may
hereafter enter into any contract, bond or memorandum in writing, to make a
deed or title to land in this State, for a valuable consideration and shall depart this
life, or have died heretofore, without having executed and delivered said deed, it
shall and may be lawful for any court having chancery jurisdiction, in the proper
circuit in which such case shall arise, to make decree, compelling the executors or
administrators of such deceased person, to execute and deliver such deed to the
party having such equitable right as aforesaid to the same, or his heirs, according
to the true intent and meaning of said contract, bond or memorandum of the de-
ceased ; and all such deeds shall be good and valid in law.

Sec 32. It shall not be lawful for any court to make such decree as aforesaid,
except upon the petition in writing of the person entitled to the benefit of the same,
or his heirs, setting forth the said contract, bond or memorandum in writing, and
fully describing the lands to be conveyed ; nor until the person or persons so ap-
plying for such title, shall have given* reasonable notice of the time and place of
such application, to the executors, administrators and heirs of such person so de-
ceased as aforesaid, and shall have fully paid, discharged and fulfilled the consider-
ation of such contract, bond or memorandum in writing, according to the true in-
tent, tenor and effect thereof.

Sec 33. In all cases where any minor heirs shall be interested in such proceed-
ing as aforesaid, reasonable notice of such application shall be given to the guar-
dian or guardians of such minors ; and if there shall be no guardian, then the said
court shall appoint a guardian or guardians, to litigate and act in such case.

Sec 34. The executors, administrators or heirs of any deceased person or
persons, who shall have made such contract, bond or memorandum in writing as
aforesaid, in his or her life time, for the conveyance of land, for a valuable con-
sideration, when such consideration has been paid and fulfilled as aforesaid, may,
upon application in writing, obtain such decree as aforesaid, upon giving notice to
the party to whom such deed is intended to be made, and under the same condition
as is provided in this chapter.

HO CONVEYANCES.

Sec. 35. In all cases where application shall be made as aforesaid, the court
shall have power to continue the same from term to term, to obtain such evidence as
the nature of the case shall require; and no decree for the conveyance of land,
upon application as aforesaid, shall be made, unless the said courts shall be satisfied
that decree can be made without injustice to any heir or creditor of the deceased,
and that the same is just and equitable.

Sec. 36. A complete record of such petition and proceedings thereon shall be
made, and the court shall decree payment of costs as shall appear right and equi-
table.

Sec 37. Every mortgagee of real estate, his assignee or other legal represen-
tative, having received full satisfaction and payment of all such sum or sums of money
as are really due to him or her from the mortgagor, shall, at the request of the
mortgagor, enter satisfaction upon the margin of the record of such mortgage, in
the recorder's office, which shall forever thereafter discharge and release the same,
and shall bar all actions or suits brought, or to be brought, thereupon. Or it shall
be deemed a sufficient release and extinction of any mortgage granted upon any
real estate, if the mortgagee, his or her legal representative or assigns, shall grant, a
full release of the same under his, her, or their seal and signature, in the presence
of an attesting witness, and acknowledge the execution of such release in the same
manner, and under the same restrictions, in which deeds are acknowledged by the
existing laws of this State.

Sec 38. If such mortgagee, by himself or herself, his or her attorney, shall
not, within three months after request, and tender made of his or her reasonable
charges, repair to said office, and there make acknowledgment as aforesaid, he or
she neglecting or failing so to do, shall, for every such oifence, forfeit and pay to
the party or parties aggrieved, any sum not exceeding the mortgage money, to be
recovered in any court of record, by action of debt.

Sec 39. The term "real estate," as used in this chapter, shall be construed
as co-extensive in meaning with "lands, tenements and hereditaments," and as em-
bracing all chattels real.

Sec 40. This chapter shall not be construed so as to embrace last wills and
testaments.

Sec 41. If any grantor shall not have duly acknowledged the execution of any
deed or instrument, entitled to be recorded, and the subscribing witnesses be dead,
or not to be had, it may be proved by evidence of the hand writing of the grantor,
and of at least one of the subscribing witnesses, which evidence shall consist of
the testimony of two or more disinterested persons, swearing to each signature.

Approved : March 3, 1845.

CHATTER XXV.

CORPORATIONS.

DIVISION I. TOWNS

Section

1. Inhabitants of town having 150 inhabitants, may

become incorporated ; mode of proceeding in
such cases ; notice given and meeting held.

2. Inhabitants to decide by vote; vote of two-

thirds necessary.

3. Meeting called to elect trustees ; vacancies, how

filled.

4. Trustees to choose president ; style of corpora-

tion ; powers ; duty of clerk.

5. Powers of trustees, as to police, fires, taxes,

&c.

6. Duties of trustees, collectors to give bond ; term

of office.

7. Mode of holding elections ; proceedings to be

public; ordinances to be published; quorum.

8. How moneys appropriated ; accounts to be kept;

sales for taxes ; fines, how collected and paid.

9. How corporation may be dissolved.

10. Statement of polls; poll books, where deposi-

ted ; oath of office.

11. Trustees may appoint constable; his powers

and duties.

12. May abate nuisances; punish assaults, &c. ;

trial by jury.

13. May imprison offenders, for what time.

Section

14. May adopt laws respecting wagons, and to pun-

ish disturbances.

15. May regulate fees and compensation of officers.

16. When town becomes incorporated, hereby,

other like laws repealed; work on roads; dis-
position of funds, &c, if corporation be dis-
solved.

17. Towns, and additions thereto to be surveyed

and laid out.
IS. In-lots and out-lots, to be laid out in plat and
numbered.

19. Stone monuments at corners of lots.

20. Map to be certified, acknowledged and recorded.

2 1 . Recorded plat to be evidence of conveyance,

&c.

22. If county be unorganized, where plat recorded.

23. Old plats to be acknowledged and recorded ; pen-

alty for neglect.

24. Penalty for not placing corner stones, &.C., in

towns hereafter laid out.

25. Selling lots before law complied with, penalty

for.

26. Fees of county surveyor.

27. Forfeitures, how recovered; to whose use;

who shall bring suit.

Section 1. Whenever the white male residents of lawful age of any town in
this State, having not less than one hundred and fifty inhabitants, shall wish to be-
come incorporated for the better regulation of their internal police, it shall be lawful
for the said residents, who may have resided six months therein, or who shall be
the owner of any freehold property therein, to assemble themselves together, in
public meeting, at the court house or other place in said town, and when so assem-
bled, they may proceed to choose a president and clerk of the meeting from among
their number, both of whom shall be sworn, or affirmedr by any person authorized
to administer oaths, faithfully to discharge the trust reposed in them as president
and clerk of said meeting: Provided, ho iever? That at least ten days' notice of the
time and place of holding such meeting shall have been previously given by adver-
tising in some newspaper of the town, or by setting up written notices, in at least
three of the most public places in such town.

Sec. 2. The residents, as aforesaid, of any town having assembled as directed in
the first section of this division, may proceed to decide by vote, viva voce, whether
they will be incorporated or not, and the president or clerk, after their votes are
given in, shall certify under their hands, the number of votes in favor of being
incorporated and the number against being incorporated ; and if it shall appear
that two-thirds of the voters present, are in favor of being incorporated, the presi~

ijo CORPORATIONS.

dent and clerk shall deliver a certificate of the state of the polls to the board of
trustees, to be elected as hereinafter provided.

Sec. 3. Whenever the qualified voters, of any town, shall have decided in the
manner herein provided, that they wish to be incorporated, it shall be the duty of
the clerk of the meeting, at which they may so decide, to give at least five days
previous public notice to the said voters, to assemble at the court house, or some
other public place in such town, on a day to be named in such notice, to elect
by viva voce vote, five residents and freeholders of such town, for trustees of the
same, who shall hold their office for one year, and until other trustees are chosen
and qualified ; at which first election, the president and clerk of the first meeting
shall preside, or in case of the absence of either of them, some suitable person
shall be appointed by the electors present to fill such vacancy or vacancies. And
at every succeeding election for president and trustees, the preceding board of
trustees shall direct the manner in which the same shall be conducted.

Sec. 4. The board of trustees of any town, elected agreeably to the provisions
of this division, shall choose a president out of their own body ; and the president
and trustees aforesaid, and their successors in office, shall thenceforth be considered,
in law and equity, a body corporate and politic, by the name and style of " the
president and trustees of the town of ; " and by such name and style shall be

forever able and capable in law and equity to sue and be sued, to plead and be im-
pleaded, to answer and be answered unto, defend and be defended in all manner of
suits, actions, plaints, pleas, causes, matters and demands, of whatever kind or nature
they may be, in as full and effectual a manner, as any person or persons, bodies
corporate or politic can or may do; and may have a common seal, and may alter the
same at pleasure. The said president and trustees shall require their clerk to keep
a fair journal and record of all their proceedings, and record all by-laws and ordi-
nances which they may make, in a book to be provided for that purpose.

Sec 5. The president and trustees, or a majority of them, of any town incor-
porated as herein directed, shall have power to make, ordain and establish and
execute such ordinances in writing, not inconsistent with the laws, or the constitu-
tion of this State, as they shall deem necessary to prevent and remove nuisances, to
restrain and prohibit gambling, or other disorderly conduct, and to prevent the
running of, and indecent exhibitions of horses, within the bounds of such town ;
to provide for licensing public shows ; to regulate and establish markets ; to sink
and keep in repair public wells ; to keep open and in repair the streets and alleys
of such town, by making pavements or side-walks as to them may seem needful :
Provided, always, That the lot in front of which any side-walk is made, shall be
taxed to pay at least one-half of the expenses of making such side- walk. The said
president and trustees shall also have power to provide such means as they may deem
necessary to protect such town from injuries by fires. And for the purpose of car-
rying the aforesaid powers into effect, the said president and trustees shall have
power to define the boundaries of such town : Provided, That the same shall not
exceed one mile square ; and to levy and collect annually a tax, on all the real estate
in such town, not exceeding fifty cents on every hundred dollars of assessment
valuation thereof.

Sec. 6. It shall be the duty of the said president and trustees, to cause all the
streets and alleys of such town, and all the public roads passing from and through
such town, for one mile from the centre thereof, to be kept in good repair ; and to
tins end they are authorized to require every male resident of such town, over the

CORPORATIONS. 113

age of twenty-one years, to labor in said streets, alleys and roads, at least three
days in each and every year ; and if such labor shall be insufficient, to appropriate
so much of the tax levied on real estate, as may be necessary to keep the said
streets, alleys and roads in repair, and also to appoint and prescribe the duty of all
such officers, for such town, as they may deem necessary to carry into effect the
foregoing powers ; the collectors of the corporation tax, and the treasurer, shall sev-
erally give bond, made payable to the president and trustees, and their successors in
office, with good and sufficient securities, in such sum as may by said president and
trustees be deemed advisable. And a clause shall be inserted, that if at any time
additional security be required, the same shall be given : the conditions of which
bonds shall be, that the officer shall faithfully perform the duties of his office ; and
said officers shall remain in office one year, (unless sooner removed,) and until
others shall be appointed, and shall have given bonds.

Sec. 7. The said president and trustees elected under this division, shall con-
tinue in office for one year, and until their successors shall be elected and qualified.
And it shall be their duty, before their time expires,* to give at least ten days public
notice to the qualified voters under this division, to meet at such place as they
may name, in such town, and elect a new board of president and trustees for such
town ; and all vacancies which may happen in said board by resignation, or other-
wise, before their term of office expires, shall be filled by the other members of the
board. The proceedings of said board shall always be public ; and all their ordi-
nances, before taking effect, shall be published for at least ten days, in a newspaper
of such town or by setting up copies of the same, in three of the most public
places in such town. A majority of said board shall constitute a quorum.

Sec 8. All moneys arising from the collection of taxes, fines, penalties and for-
feitures, shall be appropriated by said president and trustees towards the erec-
ting, improving and regulating those objects which are placed under their con-
trol and jurisdiction, and to none others. And it shall be their duty to have
an account current of the fiscal concerns of the corporation so kept, as will at all
times, show the true situation of the same to such as may desire to inspect the
same ; and the said president and trustees shall have full power to enforce their ordi-
nances, by authorizing the person or persons by them appointed to collect any tax
imposed in pursuance of this division, to collect the same by distress and sale of
goods and chattels of the person chargeable with the same, on giving at least thirtv
days public notice of the time and place of such sale ; and if no goods and
chattels of the person chargeable with said tax, can be found, it shall be lawful to
sell any town lot, owned by such person, or so much thereof as will pay the tax due
and in arrear from any such person, upon giving at least thirty days' notice of the
time and place of making such sale, paying to the owner or owners, the overplus,
if any. The president and trustees may impose fines for the breach of their ordi-
nances ; but no fine shall be inflicted on any one person, for any one breach of any
ordinance, of more than five dollars, which fine may be recovered before any justice
of the peace, by action of debt, in the name of the president and trustees of such
town, and collected by execution as other judgments of justices of the peace. AH
fines collected in pursuance of this division, shall, by the officer collecting the same,
be paid over to the treasury of the corporation ; and for an omission to do so, such
officer may be proceeded against by the president and trustees, in an action of debt
for the same.

114 CORPORATIONS.

Sec. 9. Two-thirds of the qualified voters of any town incorporated according
to the provisions of this division shall have power to dissolve the same at any an-
nual election for president and trustees, by voting against the incorporation, as is
directed in the second section of this division.

Sec 10. Whenever a president and trustees shall be elected for any town as
herein directed, it shall be the duty of the president and clerk of the first meeting,
provided for in the first section of this division, to deliver to them a certified state-
ment in writing, of the polls at said first meeting ; and it shall be the duty of such
president and trustees, to deposit the same with the clerk of the county commis-
sioners' court of the proper county, to be entered on record in his office ; and
before entering upon their duty, to take an oath to discharge this duty according to
their best abilities.

Sec. 11. The president and trustees of towns incorporated by virtue of the
provisions of this division, shall have power to appoint a town constable, and author-
ize him to execute all writs, process and precepts which may be issued against
persons for the violation of the laws of the corporation, and to arreet, on view, all
persons who may violate such laws, and to collect all fines, forfeitures and penalties
which may be assessed or recovered for the use of the corporation, and to require
bond and security of said constable in such sum as they may think proper.

Sec 12. The said president and trustees are also vested with power to declare
what shall be considered a nuisance within the limits of the corporation, and to
provide for the abatement or removal thereof; also, to regulate the speed which
horses and other animals may be rode or driven within the limits of the corporation;
to provide for the trial and punishment of persons who may be engaged in assaults,
assaults and batteries, and affrays within the limits of the corporation, and to pro-
vide that such punishment may be inflicted for any offence against the laws of the
corporation, as is or may be provided by law for like offences against the laws of
the State : Provided, That no person shall be deprived of the right of trial by jury
in any case, when such person would be entitled to a trial by a jury for a like
offence against the law of the State.

Sec 13. The president and trustees as aforesaid, are further authorized to pro-
vide for the punishment of offenders by imprisonment in the county jails, in all cases
where such offenders shall fail or refuse to pay fines which may be assessed, or for
forfeitures or penalties which may be recovered : Provided, That no person shall be
imprisoned under the provisions of this section, for a longer period than twelve
hours for every five dollars of any fine assessed, or forfeiture or penalty recovered.

Sec 14. The said president and trustees are also authorized to adopt such laws
for the security of wagons and other carriages wrhich may be used within the limits
of the corporation^and for the protection of the inhabitants against injury by reason
of horses or other animals fastened to such wagons or carriages running with the
same, as they may deem necessary ; also, to provide for the punishment of persons
who may at any time, disturb the peace of the inhabitants of the town, or the delib-
erations or proceedings of any public meeting of such inhabitants.

Sec 15. The said president and trustees shall also have power to regulate the
fees and compensation of all officers of the corporation. ,

Sec 16. Whenever any town shall be incorporated under the provisions of this
division, all other laws incorporating the same, or made to regulate in any way, the
internal police of such town, shall be considered as repealed. The inhabitants of
any town so incorporated, shall not be required to work upon any road except as herein

CORPORATIONS. 115

required. And whenever any town corporation shall be dissolved, according to
this division, all persons having any funds belonging to such corporation, in their
hands, shall pay the same into the county treasury ; and all bonds and securities
taken for the same by such corporation, shall vest in the county commissioners for
the use of such county, who may have and maintain any proceedings thereon in law
or equity, which might have been had by the said corporation.

Sec. 17. Whenever any county commissioners or other person or persons wish
to lay out a town in this State, or an addition or subdivision of out-lots, said commis-
sioners or other person or persons shall cause the same to be surveyed, and a plat
or map thereof made by the county surveyor, if any there be, of the county in which
said town or addition is situated ; but if there be no county surveyor in the county,
then, and in that case, by the county surveyor of an adjacent county ; which plat or
map shall particularly describe and set forth all the streets, alleys, commons or
public grounds, and all in and out-lots, or fractional lots, within, adjoining or adja-
cent to said town, giving the names, widths, corners, boundaries and extent of all
such streets and alleys.

Sec 18. All the in-lots intended for sale shall be numbered in progressive num-
bers, or by the squares in which they are situated, and their precise length and
width shall be stated on said plat or map ; and all out-lots which shall not exceed
ten acres in size, shall in like manner, be surveyed and numbered, and their precise
length and width stated on the plat or map, together with any streets, alleys or
roads which shall divide or border on the same.

Sec 19. The county commissioners, proprietor or proprietors of the town,
addition or subdivision of out-lots, by themselves or agent, shall, at the time of sur-
veying and laying out the same, plant and fix at a corner of the public ground, or at
the corner of a public lot, if any there be, and if there be none, then at the corner of
some one of the in-lots in the town, and at the corner of each out-lot a good and
sufficient stone, of such size and dimensions, and in such manner as the surveyor
shall direct, for a corner from which to make future surveys ; and the point or
points where the same may be found, shall be designated on the plat or map.

Sec 20. The plat or map, after having been completed, shall be certified by
the surveyor and the county commissioners, and every person or persons whose
duty it maybe to comply with the foregoing requisitions, shall, at or before the time
of offering such plat or map for record, acknowledge the same before a justice of
the supreme court, justice of a circuit court, or a justice of the peace in the county
where the land lies ; a certificate of such acknowledgment shall be by the officer
taking the same indorsed on the plat or map ; which certificate of the surveyor and
acknowledgment shall also be recorded, and form a part of the record.

Sec 21. The plat or map, when made out, certified, acknowledged and recor-
ded, as required by this division, and every donation or grant to the public, or any
individual or individuals, religious society or societies, or to any corporation or
bodies politic,- marked or noted as such on said plat or map, shall be deemed in law
and in equity a sufficient conveyance to vest the fee simple of all such parcel or
parcels of land as are therein expressed, and shall be considered to all intents and
purposes as a general warranty against such donor or donors, their heirs and repre-
sentatives to the said donee or donees, grantee or grantees, for his, her or their
use, for the uses and purposes therein named, expressed or intended, and for no
other use or purpose whatever. And the land intended to be for streets, alleys,
ways, commons or other public uses, in any town or city, or addition thereto, shall

11(5 CORPORATIONS.

be held in the corporate name thereof, in trust to, and for the uses and purposes set
forth and expressed or intended.

Sec. 22. If the county in which said town or addition is situated shall not be
organized, then, and in that case, the plat or map shall be recorded in the recorder's
office of that county to which the county in which said town is situated shall at the
time be attached for judicial purposes.

Sec 23. Where any town, addition or subdivision of out-lots has been hereto-
fore laid out, and lots sold in this State, either by county agents, commissioners or
other persons, and a plat or map of the same has not been acknowledged and
recorded as required by law, it shall be the duty, and it is hereby required of the
present county commissioners, or a majority of them, in such county, or other per-
son or persons, proprietors, who have laid out the same, or his, her or their legal
representatives, to have the same fairly, fully and clearly made out, certified,
acknowledged and recorded in the proper county, in the form and manner required
by this division, noting and particularly describing the donations of land, or other-
wise, to individuals, societies, bodies politic, or for common or public uses : Provi-
ded, That if the lots shall have been differently numbered, and sales made, and they
can not well be changed, they shall be returned as originally stated ; but in all other
respects, the plat or map shall conform to the provisions of this division ; and if any
county commissioner or commissioners, or other person or persons, whose duty it
is to comply with the requisitions in this section named, shall neglect or refuse so
to do, he or they shall forfeit and pay the sum of one hundred dollars for each and
every month he or they shall delay a compliance.

Sec. 24. If any county commissioners, or other person or persons, shall hereaf-
ter lay out any town, or addition to any town or city, and neglect to plant the
corner stones therein, or cause the same to be surveyed and platted in any other
manner than that which is prescribed in this division, every person so offending
shall forfeit and pay the sum of one hundred dollars.

Sec 25. If any person or persons shall dispose of, offer for sale, or lease for
any time exceeding five years, any out or in-lot, in any town, or addition to any
town or city, or any part thereof, which shall hereafter be laid out, until all the
foregoing requisitions of this division shall have been complied with, every person
so offending shall forfeit and pay the sum of twenty-five dollars for each and every
lot or part of lot so sold or disposed of, leased, or offered for sale.

Sec 26. The county surveyor, who shall lay out, survey and plat any town or
addition, shall be entitled to receive twenty-five cents for each and every in and
out-lot, and the recorder of the county recording the same shall receive the sum of
four cents for each and every lot the same may contain.

Sec 27. All forfeitures and liabilities which may be incurred and arise under
this division, shall be prosecuted for, and recovered in the name of the county treas-
urer of the proper county, one-half thereof to go to the county in which the town
or addition, lies, to be applied to such objects and for such purposes as the county
commissioners' court shall direct, and the other moiety to the use and benefit of the
inhabitants and owners of property in such town or city, to be disbursed under the
direction of the trustees or corporation officers, in improving the streets and alleys,
and other objects of internal improvement in said town, the addition, if any, inclu-
sive ; and it is hereby made the duty of the county treasurer, whenever he shall be
satisfied that the provisions of this division have been violated, and a forfeiture in-
curred, to bring suit, and prosecute for the same.

CORPORATIONS.

117

DIVISION II. ACADEMIES.

Section

28. Five or more may be incorporated to establish

academy, &.C., and hold real estate.

29. First meeting ; ten days' notice given; trustees

to be elected ; powers.

30. Certificate of election to be recorded.

31. Trustees shall be body corporate ; powers and

Obligations.
Have no power to sell real estate.
Stockholders ; annual elections ; vacancies, how

filled.
May receive donations.

32.
33

34.

35. Application of funds ; donations, how applied.

Section

36. Treasurer to be elected and sworn; his duties.

37. Who may be stockholders ; who may vote.

38. Trustees to receive subscriptions; concerning

elections.

39. Payments by stockholders, how made.

40. Who may receive instruction ; who be stock-

holder.

41. Proceedings in case of violation of this law.

42. If day of election pass by, another day to be

named.

43. Trustees may prescribe course of instruction,

appoint teachers, &c.

Section 28. When five or more persons shall associate themselves together,
for the purpose of forming an acad emy or seminary of learning in their neighbor-
hood, and shall acquire by gift, grant or purchase, any lots or lands not exceeding
one hundred and sixty acres, and shall build a house thereon for the purposes of ed-
ucation, it shall be lawful for them to apply to the county commissioners' court of
the county in which the land so acquired may be situated, to receive the legal title
to said land, and hold it in trust for them until the persons so associated shall become
qualified as a body corporate, to receive the same in the manner and mode herein-
after provided for.

Sec. 29. It shall be lawful for the persons associated together for the purposes
named in the preceding section, or a majority of them, to meet at some public place
in the neighborhood of the intended academy or seminary of learning, after giving
ten days' notice thereof by advertisement set up at three public places in the vicinity,
or by notice in some public newspaper printed in the county, and then and there
proceed to the election of not less than five nor more than seven trustees, a major-
ity of whom shall be capable of receiving a deed or deeds from the county commis-
sioners' court in which the same may lie, for such lots or lands as may be held in
trust for such association under the provisions of the twenty-eighth section of this
chapter.

Sec. 30. The clerk who may have acted as such at the election of said trustees,
shall within ten days thereafter deposit in the recorder's office of the county where
such lands or lots may lie, a certificate of the election of said trustees, which shall
be immediately recorded in some book in which deeds are recorded, and the lots
or lands so deeded by the county commissioners' court aforesaid, shall vest in said
trustees and their successors in office, for the sole use and benefit of said academy
or seminary of learning, forever, all the right and title to such lots or lands for the
purposes herein named and no other.

Sec 31. As soon as the clerk of such election shall deposit with the recorder
of the county as aforesaid, a certificate of said election, stating therein the name of
the association, and for what object formed, and the names of the trustees elected,
then, and from that time, the said trustees and their successors in office shall be
created and remain a body corporate and politic, and in the name and style assumed
by them, shall remain in perpetual succession, with power to sue and be sued, to

118 CORPORATIONS.

plead and be impleaded, to acquire, hold and convey property, real and personal, to
have and to use a common seal, to alter the same at pleasure, to make and alter
from time to time such by-laws as they may deem necessary for the government and
regulation of such academy or seminary of learning, its officers servants and
property.

Sec. 32. The aforesaid trustees, and their successors in office, shall have no
power nor authority under this law to sell or convey away any of the lots or lands
deeded to them by the county commissioners' court, but the same shall be held in
trust forever for the purposes for which said lots or lands were originally given,
granted or purchased, and for no other use or purpose whatsoever.

Sec. 33. The persons associated under the provisions of this division, shall be
called and deemed stockholders, and from their number, after the first election and
organization, shall elect annually in such manner, mode and time, as they may fix
by by-law, not less than five, nor more than seven trustees, who shall continue in
office until their successors are duly elected and qualified ; and before entering on
the duties of their office, they shall take an oath before some justice of the peace,
faithfully to perform the duties enjoined on them by this division, and by the by-laws
of the association to which they belong : and should any vacancy occur in the
board of trustees before the expiration of the year, either by death or resignation,
the remaining members of the board shall be authorized to fill such vacancy from
among the stockholders ; which appointment shall hold and continue until the
ensuing annual election.

Sec 34. The trustees, when elected and qualified, and their successors in
office, shall be competent in law or equity to take or receive in their corporate
name, and for and in behalf of the associated stockholders, any estate, real, personal
or mixed, by the gift, grant, bargain and sale, conveyance, will, demise or be-
quest of any person or persons whatsoever, and the same estate, whether real, per-
sonal or mixed, to grant, bargain, sell, convey, demise or place at interest or other-
wise dispose of, for the use and benefit of the academy or seminary whose interests
they represent.

Sec 35. Said trustees shall faithfully apply all funds collected, or the available
proceeds thereof, in erecting, completing or repairing suitable buildings, paying
suitable salaries to the necessary officers, instructors and servants, in procuring
books, stationery, maps, charts, globes and apparatus necessary to be used in an
academy or seminary of learning ; and in case any donation, devise or bequest
shall be made to any institution established under the provisions of this division,
and the corporation to which the same shall be made, shall accept the same, such
donation, devise or bequest shall be applied in conformity with the express condi-
tions of the donor or devisor.

Sec 36. At the time of the annual election of trustees, the stockholders in
each corporation created under the provisions of this division, shall elect a treasur-
er, who shall, before he enters upon the duties of his office, give bond, with ap-
proved security, to the trustees thereof, in such penal sum as they may require, for
the faithful performance of the duties of his office, and who, for good cause, may be
removed by the concurrent vote of two-thirds of the trustees ; and in case of his
death, removal, resignation or refusal to serve, it shall be lawful for the trustees
at any of their meetings, to appoint another treasurer in his stead, to remain in office
till the expiration of the time for which his predecessor was elected.

CORPORATIONS. 119

Sec. 37. On the payment of such sum as the stockholders, in each corporation
under the provisions of this division may ordain by their by-laws, every free white
person shall be considered a stockholder and be entitled to one vote, and it may be
lawful for each and every stockholder for the time being, his executors, administra-
tors or assigns, to give, sell, devise and dispose of their respective rights or shares
in such academy or seminary, and such donee or purchaser shall be entitled to all
the rights of the original holders.

Sec. 38. The first board of trustees elected under the provisions hereof, shall,
and they are hereby appointed commissioners to solicit and receive subscriptions
of stock to the corporation which they represent, and give receipts for the same,
and pay the same over to the treasurer when elected and qualified; and said trus-
tees, within six months from the time of their first election, shall give public notice
in some newspaper of the county, if there be any, or in at least three public places
in the neighborhood of the location of the academy or seminary, of the time and
place of holding an election of trustees and treasurer ; and said election shall be
held between the hours of twelve, M. and six, P. M.j and said trustees, or any
three of them, may act as judges of elections.

Sec 39. Each stockholder shall be required at or before the second election of
trustees, to pay five dollars on each share by him or her subscribed, and the resi-
due at such time, and in such amounts, as shall be required by the board of trus-
tees ; and if the instalments are not paid within six months from the time required,
then the amount already paid by him or her, shall be forfeited to the corporation.

Sec 40. Any academy or seminary established under the provisions of this
division, and in operation, shall at all times be open for the use and privilege of
every free white person who may wish to be instructed therein, if such person will
comply with the by-laws and regulations of the corporation, and pay such sum as the
trustees may require for the instruction of students attending such academy or semi-
nary ; and every free white person who may at any time tender to the treasurer of
the corporation the sum required by the by-laws to constitute a stockholder, shall
be admitted as such, and receive from the treasurer a certificate of stock.

Sec 41. If at any time any corporation created under this division, shall violate
any of its provisions, it shall be the duty of the attorney general when he may
have knowledge thereof, to file an information in the nature of a quo warranto, for
the purpose of vacating the same : Provided, In that case the trustees shall have
the right of selling all the property, real and personal, belonging to such corpora-
tion, and after paying all its debts, the balance, if any, shall be distributed pro rata
among the stockholders thereof.

Sec 42. In case it should happen that an election of trustees should not be
made on the day appointed by the by-laws of any corporation established by this
division, such corporation shall not for that cause be deemed to be dissolved, but
it shall be lawful on any other day to hold and make an election of trustees, in
such manner as shall be prescribed by the by-laws and ordinances of such cor-
poration.

Sec 43. All corporations created under the provisions of this division, may
from time to time prescribe and regulate the course of studies to be pursued in
such institution, fix the rate of tuition, appoint instructors, officers, and such assist-
ants and agents as may be deemed necessary in managing its concerns ; and do all
and every thing that may be fit and proper, for the purpose of promoting the cause
of education, that is not inconsistent with the provisions hereof, or contrary to the
constitution and laws of the United States and of this State.

120

CORPORATIONS.

DIVISION III. RELIGIOUS SOCIETIES

Section

44. Religicus societies may receive gifts of land,
not over ten acres, for erecting houses of
worship; trustees.

Certificate of election of trustees to be recorded;
their term of office ; subsequent elections.

Trustees to have perpetual succession ; property-
vested in them; how property to be held;
trustees may sue and be sued; have power
under direction, &c, to make deeds, 6cc; ef-
fect thereof; no deed to be made, to defeat ob-
jects of grant.

45.

46.

Section

47. Power of society respecting trustees, and of its

estate.

48. If society is dissolved, what disposition made of

property; if trustees be not elected at the pro-
per time, society not dissolved thereby, but
other day may be named.

49. The provisions hereof to apply to estate here-

tofore acquired; such rights not to accrue un-
til the provisions hereof be complied with.

Section 44. It shall be lawful for the members of any society or congregation
heretofore formed in this State for purposes of religious worship, and for members
of any society or congregation which may hereafter be formed for the purpose
aforesaid, to receive by gift, devise or purchase, a quantity of land not exceeding
ten acres, and to erect or build thereon, such houses and buildings as they may deem
necessary for the purposes aforesaid, and to make such other use of the land, and
make such other improvements thereon as may be deemed necessary for the comfort
and convenience of such society or congregation ; and such society or congregation
may assume a name and elect or appoint any number of trustees, not exceeding
ten, who shall be styled trustees of such society or congregation by the name
assumed ; and the title to the land purchased and improvements made, shall be
vested in the trustees, by the name and style assumed as aforesaid.

Sec 45. Immediately after the election or appointment of trustees by any
society or congregation as aforesaid, the persons elected or appointed, shall make a
certificate under their hands and seals, stating the date of their election or ap-
pointment, the name of the society, or congregation, and the length of time for
which they were elected or appointed, which shall be verified by the affidavit of
some one of the persons making the same, and shall be recorded by the recorder of
the county in which such society or congregation may be formed, and the said
trustees shall hold their office for and during the period stated in the certificate
aforesaid. And at the expiration of their term of service and forever thereafter,
at the expiration of the term of service of any trustee elected or appointed as
aforesaid, the said society or congregation shall elect or appoint successors, who
shall, in like manner, continue in office for such period as may be limited by the
society or congregation, and a certificate of their election or appointment shall be
made by the trustees whose term of service shall have expired which shall be
verified by affidavit, and recorded as provided in the election or appointment of
trustees in the first instance.

Sec 46. The trustees elected or appointed under the provisions of this divi-
sion and their successors, shall have perpetual succession and existence, and the
title to land herein authorized to be purchased, and to the buildings and improve-
ments thereon, shall be vested in the said trustees by their assumed name, and their
successors forever ; and the same shall be held for the uses and purposes herein
named and no other ; and such trustees shall be capable in law, to sue and be sued,
implead and be impleaded, answer and be answered unto, defend and be defended,

CORPORATIONS.

121

in all courts of law or equity whatsoever, in and by the name and style assumed
as aforesaid ; and shall have power, under the direction of the society or congrega-
tion, to execute deeds and conveyances of and concerning the estate and property
herein authorized to he held by such society or congregation; and such deeds or
conveyances shall have the same effect as like deeds or conveyances made by natu-
ral persons : Provided, That no deed or conveyance shall be made of any estate
held as aforesaid, so as to defeat or destroy the interest or effect of any grant, dona-
tion or bequest which may be made to any such society or congregation, but all
grants, donations and bequests shall be appropriated and used as directed by the
person or persons making the same.

Sic. 47. Every society or congregation formed as aforesaid, shall have power
to provide for filling vacancies which may happen in the office of trustee, and also
to remove trustees from office, and to adopt such rules and regulations in relation
to the duties of trustees, and the management of its estate as the members may
deem proper, not inconsistent with the constitution and laws of this State or the
United States.

Sec. 48. Upon the dissolution of any society or congregation formed under the
provisions of this division, the estate and property of such society or congregation
shall revert back to the persons, their heirs and assigns, who may have given or
contributed to the purchase of, or payment for the same, according to their respec-
tive rights. A failure to elect or appoint trustees at any time when, by the
provisions of this division such election or appointment should be had, shall not
work a dissolution of the society or congregation, but the trustees last elected or
appointed, shall be considered as in office until another election or appointment shall
take place.

Sec 49. The provisions of this division shall be deemed and taken to apply to
real estate heretofore acquired and now held by religious societies or congregations,
so as to vest such societies or congregations, or their trustees with the rights and
powers herein conferred over real estate hereafter acquired : Provided, That such
rights and powers shall not be exercised until the provisions of this division shall
have been complied with.

DIVISION IV. LIBRARIES

Section

60. Five or more persons may associate and estab-
lish library, elect trustees, &c.

51. Elections, how held ; certificate of elections to be
tiled ; fee of clerk.

62. Any debating or literary society may organize,
without subscribing funds.

53. Trustees ; powers, liabilities and duties of cor-
poration.

64. Trustees may purchase and hold real estate;
amount limited.

Section

55. Term of office of trustees ; officers appointed.

56. Meetings of stockholders, to elect officers ; ac-

counts to be submitted to meeting of mem-
bers.

57. Meetings of trustees, when held.

58. Members may sell shares in library.

59. Trustees may make by-laws.

60. Payments of fees by members.

6 1 . Election may be held on any day.

Section 50. Any number of persons, not less than ten, who shall associate them-
selves together, and subscribe, in the whole, not less than one hundred dollars, may
assemble at any time and place upon which a majority of such subscribers shall de-

122 CORPORATIONS.

termine to elect and appoint not less than three, nor more than seven of their num-
ber as trustees, to take charge of the moneys belonging to the corporation thereby
erected, and to transact all affairs relative to the same.

Sec. 51. The said election, to be held as aforesaid, shall be conducted in the
following manner, to-wit : That whenever two-thirds of the subscribers shall assem-
ble at the time and place previously agreed on, they shall proceed to choose a chair-
man from among themselves, who shall preside at such election, receive the votes
of the subscribers, and be the officer to return the names of those who, by plurality
of voices, shall be elected trustees of said corporation ; the said returning offi-
cer shall certify under his hand, the names of the persons elected trustees for said
library, in which certificate the name and style of the corporation shall be particu-
larly described ; which certificate shall be filed in the office of the clerk of the
county commissioners' court; and at the next term of said court after such filing,
the clerk thereof shall copy the same upon the records of the proceedings of the
said court; for doing which he shall receive a fee of fifty cents and no more.

Sec 52. Any debating or literary society may organize according to the provi-
sions of this division, without having subscribed one hundred dollars, and may form
its own constitution and by-laws, and regulate its own proceedings without appoint-
ing trustees, or any other than such officers as may be proper ; and when so organi-
zed shall receive all the benefits conferred by this division.

Sec 53. The persons so elected shall be trustees for said library, and the
said trustees and their associates, and such other persons as shall, from time to time,
become members of such corporation, shall be one body corporate and politic, in
fact and in name, by the name, style or title mentioned in said certificate, so to be
filed and entered on record as aforesaid, and by that name shall have succession ;
and they and their successors shall be capable in law to sue and be sued, implead
and be impleaded, answer and be answered unto, defend and be defended, in all
courts of law or equity whatsoever ; and they and their successors shall have a
common seal, and may alter and change the same at their discretion.

Sec 54. The said trustees and their successors, by the name and style descri-
bed in said certificate, shall be capable in law of purchasing, holding and conveying
any estate, real or personal, for the use of said corporation: Provided, Such real
and personal estate, so held, shall not at any one time exceed the annual value of
six hundred dollars, exclusive of the books and the annual payments which shall
be made by the members of the said corporation.

Sec 55. The trustees shall hold their offices one year, and until others be elec-
ted in their places, and shall manage the business of the said corporation ; and
there shall be one chairman of said trustees, one treasurer and one librarian ; and
it shall be lawful for the said trustees, whenever they conceive it necessary, to
appoint one and the same person treasurer and librarian.

Sec 56. A general meeting of the members of the corporation shall be held
once in each year, for the election of officers, who shall be chosen by a plurality of
votes ; and any person holding more than one right in said library, shall be entitled
to one vote for each right he or she shall hold in the same ; the trustees of said
library shall, annually, at their first meeting on or after the day that their offices
commence, appoint one of the said trustees their chairman ; and in case of the death,
removal, refusal or neglect to serve, of the chairman for the time being, it shall be
lawful for the trustees of the said library, at any of their meetings, to appoint ano-
ther chairman, instead of the one dying, removing, refusing or neglecting to serve

CORPORATIONS. 123

as aforesaid, to remain in office till the expiration of the time during which his pre-
decessor was entitled to serve ; and when any vacancy shall happen, by the death,
removal, resignation or neglect to serve, of any of the said trustees, it shall be law-
ful for the chairman of the said trustees, or on his neglect or refusal, for any other
two of the said trustees, to summon a meeting of the members of said corporation
at a place fixed by the by-laws of said corporation, for the purpose of electing other
person or persons instead of such as shall have so died, removed, refused or neglect-
ed to serve as aforesaid ; and such person or persons so to be chosen trustee
or trustees, at such meeting as last aforesaid, shall respectively remain in office
during such time as the person in whose stead such trustee shall be chosen, would
have done in case such death, removal or refusal had not happened, and no longer ;
and the trustees of the said library shall at every such annual meeting of the
members of the said corporation, exhibit to the members, a state of the said library,
the minutes of the proceedings of the trustees during the year immediately prece-
ding, with the treasurer and librarian's accounts, stating the amount of the receipts
and expenditures during such year.

Sec. 57. The said trustees shall have stated meetings in every quarter in every
year, at such time and place as shall, from time to time, be appointed for that pur-
pose ; and the chairman, or any two trustees of said library, for the time being,
may, from time to time, as occasion requires, call together at such place as shall,
from time to time, be appointed by the by-laws of said corporation, the trustees of
said library, giving them at least two days previous notice of such meeting ; and
the chairman and a majority of the said trustees shall form a board of trustees, and
in the absence of the chairman, the trustees so met shall choose another to serve
on that occasion ; the chairman shall have a casting vote and no other ; the chair-
man and a majority of the trustees so met, shall have authority to adjourn from
time to time, as the business of said corporation may require ; and from time to time, to
appoint, at their pleasure, or displace, a treasurer or librarian of the said library, and
to appoint other or others in their stead ; to ascertain the compensation to be allowed
to the treasurer or librarian, or either of them, for their services in their stations
respectively, and to appoint to them their respective powers, trusts and duties ; to
direct the application of moneys belonging to the said corporation, to the purchase
of such books and apparatus as they shall think proper ; to the providing a room or
house for the safe keeping of the books of the said library ; and to do, in the name
of the said corporation, all and every act and acts, thing and things whatsoever,
which shall be necessary to be done, and which the trustees of the said library are
by this law authorized to do ; and to make, at all times hereafter, such laws and
regulations for the government of the officers and members of said corporation ; for
regulating the terms upon which the books of the said library shall be lent out, both
to the members of said corporation or to others ; for fixing and ascertaining the
times and places in the quarterly meetings of the said trustees ; for allowing and
fixing the places of meeting of the members of said corporation ; for the election of
trustees ; for regulating the management and disposition of the books of the said
library, and the moneys, funds and effects belonging to the said corporation ; the
mode of transferring rights in the said library from one person to another ; and
all the other business of the said corporation, as they or the major part of them, so
legally met, shall judge best for the general good of said corporation ; and for the
more effectual promoting, increasing and preserving the said library; and the same
or any of them to alter or repeal from time to time, as they or a major part of them,

124

CORPORATIONS.

so met, shall think proper : Provided, Such laws and regulations shall not be repug-
nant to the laws of this State.

Sec. 58. It shall be lawful for each and every of the members for the time being
of the said corporation, his or her executors, administrators and assigns, to give,
sell, devise and dispose of their respective rights in the said library, and their
respective assignees shall be members of said corporation, and shall be entitled to
all the same rights and privileges in said corporation as the original members are
entitled to by this division : Provided, That a part of a right in said library shall
not entitle the proprietor or owner thereof, to any privilege whatever in said
library or corporation.

Sec. 59. It shall be lawful at such meeting of a majority of said trustees of the
library for the time being, to make any by-laws, constitutions or ordinances of the
said corporation, to admit under the common seal of the said corporation, such and
so many persons, members of said corporation, as they shall think beneficial to said
library; which members so admitted, shall be entitled to have, hold and enjoy, all
and every the same rights and privileges as the original members are entitled to by
this division.

Sec. 60. Each member of such corporation for the time being, shall, on or
before the first Tuesday in the month fixed for the election of trustees, annually
pay to the treasurer of said library for the use of said corporation, the sum or sums
which shall be fixed by the by-laws of said corporation ; and whenever any of
the members of the said corporation shall neglect to pay the said annual sum, or any
other sum which shall of right become due to the corporation, for the space of fifty
days next after the day on which the same ought to have been paid, then the
person or persons from whom the same shall be due, shall be precluded from exer-
cising any of the privileges to which he became entitled by virtue of his being or
becoming a member of the said corporation, until such sums shall be fully satisfied ; and
if such sums shall not be paid within two years after any such sums shall become
due as aforesaid, then, and after the expiration of two years from the time such
payment shall become due, the person or persons from whom the same shall become
due, shall thereupon forfeit and be utterly excluded from all his, her, or their rights
and privileges in the said library and incorporation.

Sec 61. In case it shall happen that an election of trustees should not be made
on any day, when pursuant to this division, it ought to have been made, the said
corporation shall not for that cause be deemed to be dissolved, but that it shall be
lawful on any other day, to hold and make an election of trustees, in such manner as
shall have been regulated by the laws and ordinances of the said corporation.

DIVISION V. FIRE COMPANIES.

Section

62. Forty or more persons may organize fire com-

panies ; may make by-laws.

63. To be body politic and corporate; powers, &c,

of corporation.

Section

64. Fines, how recovered and applied.

65. Exemption from militia duty while member of

fire company, and after serving in fire compa-
ny twelve years.

COSTS.

125

Section 62. It shall be lawful for any number of persons, resident within any
town or corporation within this State, exceeding forty persons, to form themselves
into a company or companies, for the purpose of extinguishing fires, who on having
their names and subscriptions recorded in the recorder's office in the proper county,
are hereby authorized to make such rules and regulations as to a majority of said
company or companies may seem proper and necessary for the procuring of engines,
buckets, hooks, ladders, and all implements necessary for working said engines and
exercising the companies : Provided, No by-law shall be contrary to the laws of
this State.

Sec 63. So soon as such persons shall have had their names and subscriptions
recorded as aforesaid, they and their successors shall be, in law and in fact, a body
corporate and politic, to have continuance forever, by the name and style of " The
Fire Company ;" and by such corporate name and style, shall be forever
able and capable in law and in equity, to sue and be sued, implead and be implea-
ded, answer and be answered, defend and be defended, in all manner of suits,
actions, plaints, pleas, causes, matters and demands of whatever kind and nature
they may be, in as full and effectual a manner, as any person or persons, bodies corpo-
rate and politic may or can do.

Sec 64. All fines and forfeitures for non-attendance or delinquency, imposed
by the by-laws and regulations to be adopted by the companies provided for by
this division, not exceeding twenty dollars, shall be recoverable by action of debt,
before any justice of the peace of the proper county, by the said company in their
corporate capacity, which said fines and forfeitures, shall be for the use of the com-
pany sueing for the same.

Sec 65. All persons who shall form themselves into fire companies, as is pro-
vided in this division, shall be exempt from militia duty during the time they belong
to such company ; and all persons, who shall have served twelve years in suc-
cession in any such fire company, shall, forever after, be exempt from doing mili-
tia duty in this State, except in time of war.

Appboved : March 3, 1845.

CHAPTER XXVI.

COSTS.

Section

1 . Bond for costs required, in what cases ; nature

and form of bond.

2. If suit commenced without bond, suit to be dis-

missed at cost of plaintiff's attorney; if plain-
tiff become non-resident or unable to pay, af-
ter commencement of suit, bond may be re-
quired, and on refusal to file one, suit may be
dismissed.

3. If plaintiff be poor person.

4. When plaintiff has judgment in matter personal

to himself, he shall have costs.

5. In what case defendant may have costs.

Section

6. If plaintiff in replevin be non-suited, defendant

may have costs.

7. Costs on overruling demurrer.

8. Costs when pleas adjudged insufficient.

9. When counts in declaration insufficient, costs to

be awarded.

10. One, of several defendants in tort, on acquittal,

shall recover costs.

1 1 . Costs on scire facias.

12. How many witnesses may have costs.

13. When there is irregularity or failure to prose-

cute, defendant may have costs.

126

COSTS.

Section

14. State or county may recover costs; when de-

fendant in action brought by State or county
may not recover costs.

15. Costs against complainant on dismissal of Ms

bill in equity.

16. Person to whose use suit is commenced, shall

be liable for costs.

17. On appeals, or writs of certiorari from judg-

ments of justices of the peace, how costs
awarded.
IS. In appeals from probate court.

Section

19. Costs on writs of error to supreme court.

20. If, on writ of error, judgment be allirmed,dirn-

ages may be given in certain cases.

21. Costs, when divided between the parties.

22. Clerks of courts of record shall tax, and sub-

scribe all bills of costs.

23. On application of aggrieved party, court may re-

tax bill of costs ; cleric improperly taxing to
forfeit his fees, and refund.
If costs not paid in certain cases, how to be col-
lected.

24.

Section 1. In all actions on office bonds for the use of any person; actions on
the bonds of executors, administrators or guardians ; qui tarn actions ; actions on
any penal statute ; and in all cases in lav/ or equity, where the plaintiff, or person
for whose use an action is to be commenced, shall not be a resident of this State,
the plaintiff or person for whose use the action is to be commenced, shall, before
he institutes such suit, file, or cause to be filed with the clerk of the circuit or
supreme court in which the action is to be commenced, an instrument in writing,
of some responsible person, being a resident of this State, to be approved by the
clerk, whereby such person shall acknowledge himself bound to pay, or cause to be
paid, all costs which may accrue in such action, either to the opposite party, or to
any of the officers of such courts ; which instrument in writing may be in the form,
and to the purport following, to-wit :

A. B. ) Court,

vs. >
C. D. )

I do hereby enter myself security for costs in this cause, and acknowledge my-
self bound to pay or cause to be paid, all costs which may accrue in this action
either to the opposite party or to any of the officers of this court, in pursuance of
the laws of this State. Dated this day of E. F.

Sec. 2. If any such action shall be commenced without filing such instrument
of writing, the court, on motion, shall dismiss the same, and the attorney of the
plaintiff shall pay all costs accruing thereon ; and if at any time after the commence-
ment of any suit by a resident of this State, he shall become non-resident ; or, if
in any case the court shall be satisfied that any plaintiff is unable to pay the costs
of suit, or that he is so unsettled as to endanger the officers of the court, with
respect to their legal demands, it shall be the duty of the court, on motion of the
defendant or any officer of the court, to rule the plaintiff on or before a day, in such
rule named, to give security for the payment of costs in such suit : if such plain-'
tiff shall neglect or refuse, on or before the day in such rale named, to file an instru-
ment of writing of some responsible person, being a resident of this State, whereby
he shall bind himself to pay all costs which have accrued, or may accrue in such
action, the court shall, on motion, dismiss the suit.

Sec. 3. If any court shall, before or after the commencement of any suit, be
satisfied that the plaintiff is a poor person, and unable to prosecute his or her suit,
and pay the costs and expenses thereof, they may, in their discretion, permit him or
her to commence and prosecute his or her action, as a poor person ; and thereupon
such person shall have all the necessary writs, process and proceedings, as in other
cases without fees or charge. The court may assign to such person counsel, who,
as well as all other officers of the court, shall perform their duties in such suit
without any fees, charge or reward; if judgment be entered for the plaintiff, there
shall be judgment for his costs ; which costs shall be collected for the use of the
said officers.

COSTS. 127

Sec. 4. If any person shall sue in any court of this State in any action, real, per-
sonal or mixed, or upon any statute for any offence or wrong immediately personal
to the plaintiff, and shall recover any debt or damage in such action, then the plain-
tiff or demandant shall have judgment to recover costs against the defendant to be
taxed ; and the same shall be recovered together with the debt or damages by exe-
cution, except in the cases hereinafter mentioned. *

Sec. 5. If any person shall sue in any court of record of this State, any action,
wherein the plaintiff or demandant might have costs in case judgment be given for
him, and he be non-pros 'd, or suffer a discontinuance, or be non-suited after appear-
ance of the defendant, or a verdict pass against him, then the defendant shall have
judgment to recover his costs against the plaintiff, (except against executors or
administrators prosecuting in the right of their testator or intestate,) or demandant
to be taxed, and the same shall be recovered of the plaintiff or demandant, by like
process as the plaintiff or demandant might have had against the defendant, in case
judgment had been given for such plaintiff or demandant.

Sec. 6. Any person making avowry, justification or cognizance in replevin, if
the same be found for him, or the plaintiff be non-suited or non-prosed, suffer a dis-
continuance, or be otherwise barred, then such person shall recover his damages
and costs against the plaintiff, in like manner as the plaintiff would bave done, if the
same had been found against the defendant.

Sec 7. If, in any action, judgment upon any demurrer, by either party to the
action, shall be given against the plaintiff or demandant, the defendant shall recover
costs against the plaintiff or demandant. If such judgment be given for the plaintiff
or demandant he shall recover costs against the defendant; and the person so recov-
ering costs, shall have execution for the same.

Sec. 8. Where any defendant in any action, or plaintiff in replevin, shall plead
several matters, and any of such matters, upon demurrer joined, shall be adjudged
insufficient, or if a verdict shall be found, in any issue of the cause, for the plaintiff
or demandant, costs shall be given at the discretion of the court.

Sec. 9. Where there are several counts in any declaration, and any one of them
be adjudged insufficient, or a verdict on any issue joined thereon, shall be found for
the defendant, costs shall be awarded in the discretion of the court.

Sec. 10. Where several persons are made defendants to any action of trespass,
assault, false imprisonment, detinue, replevin, trover or ejectment, and any one or
more of them shall, upon the trial, be acquitted by verdict, every person so acquit-
ted shall recover his costs of suit, in like manner as if such verdict of acquittal
had been given in favor of all the defendants.

Sec. 11. In all suits upon any writ of scire facias, or upon prohibition, the
plaintiff obtaining judgment, or an award of execution, after plea pleaded, or de-
murrer joined therein, shall recover his costs of suit; if the plaintiff shall be
non-suited, non-prosed, or suffer a discontinuance, or a verdict shall pass against
him, the defendant shall recover his costs.

Sec. 12. In no case in the circuit court shall the fees of more than four wit-
nesses be taxed against the party against whom judgment shall be given for costs,
unless the court shall certify on their minutes, that more than four witnesses were
really necessary; in which case the clerk shall tax the costs of as many witnesses
as the court shall so certify.

Sec. 13. In all cases, where any action shall be dismissed for irregularity, or
be non-prosed or non-suited, by reason that the plaintiff neglects to prosecute the

128 COSTS.

same, the defendant shall have judgment for his costs, to be taxed, and have execu-
tion therefor.

Sec. 14. In all suits and actions commenced or to be commenced for and on be-
half of the people of this State, or the Governor thereof, or for or on behalf of any
county of this State, or in the name of any person for the use of the people of this
State or any county, then and in every such case, if the plaintiff or plaintiffs shall
recover any debt or damages in such action or suit, the plaintiff or plaintiffs shall
recover costs as any other person in like cases ; but if such plaintiff or plaintiffs
suffer a discontinuance, or be non-suited or non-pros^, or verdict pass against such
plaintiff or plaintiffs, the defendant shall not recover any costs whatever. Nothing
in this sed^on contained shall extend to any popular action, nor to any action to be
prosecuted by any person in behalf of himself and the people or a county, upon any
penal statute.

Sec 15. Upon the complainant dismissing his bill in equity, or the defendant
dismissing the same for want of prosecution, the defendant shall recover against the
complainant full costs ; and in all other cases in chancery, not otherwise directed by
law, it shall be in the discretion of the court to award costs or not ; and the payment
of costs, when awarded, may be compelled by execution.

Sec 16. When any suit shall be commenced in the name of one person, to the
use of another, the person to whose use the action is brought shall be held liable and
bound for the payment of all costs which the plaintiff may be adjudged or bound to
pay, to be recovered by action on the case.

Sec 17. In all cases of appeal or certiorari upon the judgments of justices of
the peace, when the judgment of the justice of the peace shall be wholly affirmed
or reversed, the party succeeding shall recover from the opposite party his costs,
not only in the circuit court but before the justice of the peace, and shall have his
execution therefor : where the judgment of the justice of the peace shall be affirm-
ed in part, then the court shall divide the costs between the parties, according to the
justice of the case.

Sec 18. In all cases of appeal from the decision of a court of probate, the costs
shall be in the discretion of the circurt court.

Sec 19. If any person shall sue out a writ of error, or take an appeal to the
supreme court, to review the judgment of the circuit court, and the same judgment
be affirmed, or the writ of error be discontinued or quashed, or the plaintiff in
error or appellant be non-suited, the defendant in error or appellee shall recover
his costs, and have execution therefor ; and if the judgment be reversed, the appel-
lant or plaintiff in error shall recover his costs, and shall have execution therefor,
as in other cases.

Sec 20. In every such case, if the judgment or decree be affirmed in the whole,
the party prosecuting such writ of error or appeal shall pay to the opposite party a
sum not exceeding ten per centum on the amount of the judgment or decree so at-
tempted to be reversed, at the discretion of the court, and in addition to the costs,
shall have judgment and execution therefor : Provided, the supreme court shall be
of opinion that such appeal or writ of error, was prosecuted for delay.

Sec 21. Where such judgment or decree shall be reversed in part, and affirmed
in part, the costs shall be apportioned between the parties, according to the discre-
tion of the supreme court.

Sec 22. The clerk of any court in this State is hereby authorized and requi-
red to tax and subscribe all bills of costs arising in any cause or proceeding institu-

COUNTIES AND COUNTY COURTS.

129

ted in the court of which he is clerk, agreeably to the rates which shall, for the time
being, be allowed or specified by law ; and shall in no case allow any item or charge
unless he shall be satisfied that the service for which it was made was actually per-
formed in the cause.

Sec. 23. If any person shall feel himself aggrieved by the taxation of any bill
of costs by the clerk, he may apply to the court in which the action or proceeding
was had to retax the same, according to law. If the said court shall find any charge
allowed for services not performed, or for which the person charged is not liable,
or any item charged higher than by law is allowed, then the court shall correct
such taxation; and if the party aggrieved shall have paid such unlawful charge, the
clerk shall forfeit all fees allowed to him for taxation ; and shall pay to the party
aggrieved the whole amount which he may have paid by reason of the allowing of
such unlawful charge.

Sec. 24. In all cases where either party shall be adjudged to pay costs before
final judgment, by reason of setting aside, a 7ion-suit, default or non-pros'-, or the
granting of a continuance or new trial, or otherwise, and in all cases where there is
security for costs, or attorney liable for costs, or an action brought to the use of
another, and the plaintiff shall be adjudged to pay the costs, either before or upon
final judgment, it shall be lawful for the clerk to make out and tax a bill of costs so
adjudged to be paid, against the party adjudged to pay the same, and against his se-
curity for costs, or other person liable for the payment thereof, or either of them,
and certify the same under the seal of the court, which being delivered to the sher-
iff of the proper county, he shall demand payment from the person therein charged ;
if payment shall not be made accordingly, within thirty days after such demand,
the sheriff shall levy the same on the goods and chattels, lands and tenements of
the person so chargeable, and proceed therein in all things as on a writ of fieri
facias.

Approved : March 3, 1845.

CHAPTER XXVII.

COUNTIES AND COUNTY COMMISSIONERS' COURTS.

Section

1 . Counties to be bodies politic ; names ; corporate

powers.

2. County commissioners' courts.

3. Commissioners, how elected ; how sworn.

4. Terms of office determined by lot.

5. Terms to be one, two and three years, as lots

shall designate.

6. Two preceding sections apply only to first elec-

tions of county commissioners ; subsequent
elections, how conducted ; regular term to be
three years.

7. How vacancies may be filled; proviso.

8. Clerk of county commissioners' court to be

elected once in four years.

9. Clerk shall keep his office at county seat; shall

be sworn ; shall give official bond.

9

Section

1 0. For what causes clerk may be removed.

1 1 . When office of clerk becomes vacant, pro tem-

pore appointment may be made, until vacancy
be filled.

12. How vacancy may be filled.

13. Clerk refusing at the close of his term to deliver

books, &c, to his successor, may be punished
by fine and imprisonment; liability on offi-
cial bond not impaired by infliction of pun-
ishment.

14. Deeds, &c, made or to be made for the use of

any county, valid.

15. County court may appoint commissioner to sell

real estate of county.

16. All bonds, made to any person for use of coun-

!30 COUNTIES AND COUNTY COURTS.

Section I Section

ty valid to vest title in county ; suit may be i dollars, for use of county ; officer to have no-

brought thereon, in whose name. tice. I

17 County commissioners may appoint agent to 32. Compensation of county commissioners,

contract for erecting buildings, whose acts ' 33. Which commissioner shall preside,
shall be valid. 34* County commissioners' courts shall erect jails,

13. Suits against county may be commenced in cir- and make report thereof to the circuit court,

cuit court of same county; copy of summons ] 35. Shall erect court houses.

to be left with clerk ; time of service and re-
turn ; inhabitants of county sued, may be wit-
nesses.
19. County commissioners shall take proper meas-
ures for prosecuting and defending suits

36. Way purchase lands on which to erect county

buildings.

37. Way lease vacant rooms in court houses.

38. Shall have custody of court houses.

39. When county divided, line not to be within ten

20. When judgment is recovered against a county, ' miles of county seat.

commissioners shall provide for its payment, i 40. No county to contain less than four hundred

21. Counties on the Mississippi and Wabash rivers, ! square miles.

have jurisdiction to State line. ; 41. County commissioners to make out statement

22. Sessions of comity commissioners' court, how ' of fiscal concerns ; same to be posted up in

often and when held. clerk's office; penalty for neglecting, how

23. Quorum; if no quorum, may adjourn. recovered.

24. Special session, how called and held. ; 42. Appeals may be taken; proceedings in such

25. Extent of jurisdiction and power of county : cases.

commissioners' courts. ' i 43. Circuit courts, how to proceed in trial of such

26. Official seals to be procured. appeals; written opinion to be made out, on

27. Process, &c, to be sealed; how entitled; how ! decision of such cases.

executed and returned, and by whom. j 44. Fire proof recorders' offices to be erected ;

28. Court may enforce orders, &c, by attachment. ! rooms in court house may be used, if tire

29. Not to have jurisdiction of suits at law, but proof.

only of county business; may punish for con- j 45. Fire proof clerks' offices.

tempts; compensation of clerks. | 46. County orders to be countersigned by county

30. Fines, &c, collected by justices and other offi- j treasurer, and record thereof made.

cers, to be paid into county treasury. 47. Treasurer shall examine vouchers before coun-

31. Officer failing to pay over to forfeit seventy-five ; lersigning orders.

Section- 1. Each county which has heretofore been, or may hereafter be estab-
lished in this State, according to the laws thereof, shall be a body politic and corpo-
rate, by the name and style of "The county of ;" and by that name may
sue and be sued, plead and be. impleaded, defend and be defended against in any
court of record, either in law or equity, or other place where justice shall be ad-
ministered.

Sec 2. There shall remain, as at present established, in each county of this
State, and shall be established in each county hereafter created, a court of record,
to be constituted, composed of three commissioners, elected by the people as here-
inafter provided, to be styled "the county commissioners' court of county."

Sec. 3. Such commissioners shall be elected as provided in chapter thirty-
seven (title "elections,") of the Revised Statutes. Previous to entering upon
their duties they shall be sworn, before some justice of the peace, judge of the cir-
cuit court or clerk of the circuit court, faithfully to perform the duties of their
office to the best of their knowledge and ability.

Sec 4, At the first meeting of such commissioners after they shall have been
so elected and sworn, the clerk of said county commissioners' court, shall prepare
three tickets, upon one of which he shall write the words "one year" upon another
the words "two years " and upon the other the words "three years" which tickets
so prepared shall be presented by said clerk with the writing thereon concealed, to
such county commissioners, and each of said commissioners shall draw one of said
tickets.

Sec 5. The term of service of the commissioner who draws the ticket upon
which is written "one year" shall expire at the end of one year ; the term of ser-
vice of the commissioner who draws the ticket upon which is written "two years "
shall expire at the end of two years ; and the term of service of the commission-
er who draws the ticket upon which is written "three years," shall expire at the

COUNTIES AND COUNTY COURTS. 131

end of three years ; the result of which drawing shall be entered by the clerk
upon the records of the court.

Sec. 6. The two preceding sections shall be deemed to apply only to commis-
sioners elected at the first elections to be held in counties hereafter to be organized.
Thereafter in all such new counties, as well as in all counties now organized ac-
cording to law, one commissioner shall be elected at the general election in each year
as provided in chapter thirty-seven, (title "elections,") to supply the place of the
commissioner whose term of office shall then expire : it being intended that after
such first election, each commissioner shall hold his office for the term of three
years.

Sec 7. Whenever a vacancy shall happen in the office of county commis-
sioner by death, resignation or otherwise, it shall be the duty of the clerk of the
county commissioners' court of the county in which the vacancy shall happen, to
issue his order to the judges of election in the different precincts in said county, re-
quiring them on a certain day not less than twenty days from the date of such order,
to hold an election to fill such vacancy : Provided, That if the term of service of
the commissioner whose vacancy is to be filled, would have expired within six
months of the happening of said vacancy, it shall not be necessary for the clerk to
order an election to fill such vacancy.

Sec 8. There shall be elected in each county, a county commissioners' clerk,
who shall hold his office four years, and until his successor is elected and qualified.
In counties hereafter to be organized, they shall be elected at the first election of
county commissioners, and in like manner every four years thereafter. In counties
now existing they shall be elected at the periods and in the order of time by law
established.

Sec 9. Each clerk so elected and qualified shall keep his office at the place
of holding court for each county respectively; and each and every clerk before he
enters on the duties of his office, shall take an oath to support the constitution of
the United States and of this State, and the oath of office, in open court, and enter
the same on record, and give a bond with good securities to the county commission-
ers, to be approved by them for the use of any person or persons injured, or for
the use of the county if injured, in the penal sum of one thousand dollars, condi-
tioned for the faithful performance of the duties of his office.

Sec 10. The county commissioners' court of any county, may, for misconduct
in office, gross neglect of duty, incompetency, or other good cause shown, to be
entered upon the record of their said court, remove their clerk, whose office shall
be considered vacant.

Sec 11. Whenever, by reason of death, resignation, removal, or any other
cause, the office of clerk shall become vacant, the court may appoint a clerk, pro
tempore, who shall perform the duties of such office until such vacancy shall be
filled.

Sec 12. Such vacancy shall be filled in the same manner as is provided in
section seven of this chapter, for filling vacancies in the office of county commis-
sioner.

Sec 13. Every clerk who shall refuse or neglect, after going out of office, to
deliver to his successor in office, all papers, books, moneys, and all and every thing
appertaining to his office, shall forfeit and pay any sum not over five hundred
dollars, and be imprisoned any time, not exceeding thirty days, at the discretion of
the court before which he may be tried : such forfeiture and payment to be inde-

132 COUNTIES AND COUNTY COURTS.

pendent of, and in nowise discharging or diminishing the obligation of his official
bond.

Sec. 14. All deeds, grants and conveyances, heretofore made, or which shall
be hereafter made, and duly acknowledged and recorded, as other deeds conveying
any lands, tenements or hereditaments, to any county or the inhabitants of any
county and their successors, or to the county commissioners, or to the county com-
missioners' court, or to the governor, or any other person or persons by whatever
form of conveyance, for the use and benefit of any county, shall be good and valid to
all intents and purposes, to vest in such county in fee simple or otherwise, all such
right, title, interest and estate as the grantor or grantors in any such deed or con-
veyance had at the time of the execution thereof, in the lands conveyed, and was
intended thereby to be conveyed.

Sec 15. The county commissioners' court may, by their order to be entered
on their minutes, appoint a commissioner to sell and dispose of any real estate of
their county, and the deed of such commissioner, under his proper hand and seal,
for and in behalf of such county, duly acknowledged and recorded, shall be suffi-
cient to all intents and purposes, to convey to the purchaser or purchasers, all the
right, title, interest and estate whatever, which the county may then have in and to
the premises, so to be conveyed.

Sec. 16. All notes, bonds, bills, contracts, covenants, agreements or writings
made, or to be made, whereby any person or persons, is, are or shall be bound to
any county or the inhabitants thereof, or the county commissioners, or county com-
missioners' court, or to the governor, or any other person or persons, in whatever
form, for the payment of money, or any debt or duty, or the performance of any
matter or thing to the use of any county, shall be as valid and effectual to all intents
and purposes, to vest in the said county all the rights, interest and actions, which
would be vested in any individual, if any such contract had been made directly to
him : suits may be commenced, sued and prosecuted thereon in the name of said
county, as is provided in the first section of this chapter, or in the name of the
person to whom they are made, to the use of the county, as fully and effectually to
all intents and purposes, as any person may or can upon like notes, bills, bonds,
contracts, agreements or writings made to him.

Sec 17. The county commissioners' court may appoint an agent or agents, to
make any contract on behalf of such county for erecting any county building, or for
any other purpose authorized by law. The contracts of such agent or agents, duly
executed for and on behalf of such county, shall be valid and effectual to bind such
county to all intents and purposes.

Sec 18. All actions, local or transitory, against any county, may be commenced
and prosecuted to final judgment and execution in the circuit court of the county
against which the action is brought. Any action, local or transitory, in which any
county shall be plaintiff, maybe commenced and prosecuted to final judgment, in the
county in which the defendant in such action resides. When any action shall be
commenced against any county, a copy of the summons shall be left with the clerk
of the commissioners' court, either during the sitting of said court, or so as a term
of said court shall intervene between the day of leaving a copy of such summons and
the return day thereof. There shall always be ten days between the service and
return of every such summons. In all actions brought by or against every county,
the inhabitants of the county so sueing, or being sued, may be jurors or witnesses, if
otherwise competent or qualified according to law.

COUNTIES AND COUNTY COURTS. 133

Sec. 19. It shall be the duty of the county commissioners' court of each of the
counties of this State, to take and order suitable and proper measures for the prose-
cuting and defending of all suits to be brought by or against their respective counties.

Sec. 20. When any judgment shall be rendered against any county, it shall be
the duty of the county commissioners' court to order a warrant to be drawn on their
treasurer for the amount of the judgment and costs ; which warrant shall be paid as
other county debts. Nothing herein contained shall authorize any execution to be
issued against lands or other property of any county of this State.

Sec. 21. All the counties of this State, or which shall hereafter be erected,
which are or shall be bounded, or which may front on either the Mississippi or
Wabash rivers, shall respectively have and exercise jurisdiction upon such rivers
so far as the counties shall respectively be bounded by the rivers aforesaid ; which
jurisdiction shall be exercised concurrently by the counties aforesaid, with the con-
tiguous States and territories bounded by said rivers, so far and to such extent as the
said rivers shall form the boundary of the counties aforesaid respectively; and also
the boundary between this State and contiguous States or territories.

Sec. 22. There shall be four sessions of the county commissioners' court in
each county in this State, to be holden at the usual place of holding courts, or at the
office of the clerk, to commence on the first Mondays of March, June, September
and December of each year, and continue six days, if the business shall not be
sooner completed.

Sec. 23. Two commissioners shall constitute a quorum to do business. Should
a quorum not meet at any stated meeting of the said court, then the said court shall
be considered to be continued by law from day to day, if necessary, until four of
the clock in the afternoon of the second daj-, and then if a quorum be not present
for said court, the business therein to stand continued to the next court in course.

Sec. 24. Should it be necessary to have a called court on any urgent business,
then any one of the county commissioners shall have power to call said court, on
giving the other two commissioners five days previous notice, and the clerk, before
said special term of said court. Said special court shall have the same power and
authority as when holding a stated court.

Sec. 25. The said courts shall have jurisdiction throughout their respective
counties in all matters and things concerning the county revenue, and regulating
and imposing the county tax, and shall have power to grant licenses for ferries
and for taverns, and all other licenses and things that may bring in a county re-
venue ; and shall have jurisdiction in all cases of public roads, canals, turnpike
roads and toll bridges, where the law does not prohibit the said jurisdiction of said
courts ; and shall have power and jurisdiction to issue all kinds of writs, warrants,
process and proceedings by the clerk, throughout the State, which are necessary
to the execution of the power and jurisdiction with which such courts are or may
be vested by law.

Sec. 26. It shall be the duty of the county commissioners in each county, as
soon as practicable, to cause to be procured, all the necessary official seals that may
be requisite in their respective counties ; and they shall be, and are hereby
authorized, to draw on the county treasurer for the expense of any such seal or
seals, which shall be paid for in the same manner as other county debts are paid.

Sec. 27. The said court of each county shall have a judicial seal; and all
warrants, writs, process and proceedings to be issued by said court, shall be sealed
with said seal, bearing date the time they issue, and be signed by the clerk of said

134 COUNTIES AND COUNTY COURTS.

court. All such process shall run " In the name of the people of ike State of Illi-
nois" and may be executed and returned as other process, by the sheriff or any
constable of the county.

Sec. 28. Tbe said court of each county respectively, shall have power and
jurisdiction to compel and enforce by writ or writs of attachment, or other process,
the orders, decrees or judgments of said courts respectively.

Sec. 29. There shall be nothing contained or construed in this chapter, to give
the said court any original or appellate jurisdiction in civil or criminal suits or
actions, wherein the State is a party, or any individual or individuals, bodies politic
or corporate, are parties ; but said court shall have jurisdiction in all cases where
the matter or thing brought before the said court relates to the public concerns of
the county collectively, and all county business : and the said court shall have
power to punish for contempts, as other courts may do, and have all the power
necessary to the right exercise of the jurisdiction with which said court is or may
be vested according to law ; and the clerks of said courts respectively, shall have
the same fees, emoluments and perquisites of office, as are given to the other
clerks of courts of this State by law, for the like services, or as may be given
them by law.

Sec 30. It shall be the duty of justices of the peace, and of all other officers,
to' account for, and pay over to the county commissioners' court of the county
within which such officer shall reside, at "or before the December term of the said
court, in each and every year, all sums of money recovered by fine, penalty or
otherwise, which by law is required to be paid into the treasury of the several
counties in the same kind of funds received by them.

Sec 31. Any officer failing to comply with the foregoing section, shall forfeit
and pay the sum of seventy-five dollars, with any money by him not accounted
for and paid over as aforesaid, to be recovered by motion before the circuit court
of the county wherein default is made, for the use of said county, together with
the costs of said motion: •Provided, That the officer against whom the motion is
made shall have notice thereof at least ten days before the first day of the term at
which such motion is made.

Sec 32. There shall be allowed to each county commissioner in full for his
services for each day's attendance in holding courts, the sum of one dollar and
fifty cents, to be paid on the certificate of the clerk, out of any moneys in the
treasury of the county, not otherwise appropriated.

Sec 33. That commissioner who shall be oldest in commission shall preside at
all meetings of the court.

Sec 34. It shall be the duty of the county commissioners' courts, in their res-
pective counties, to prepare or cause to be erected, when, in the opinion of said
court, the means of the county are such as to justify it, and where they have not
heretofore done so, strong and substantial jails, so that prisoners may be confined
therein with safety : and the said commissioners are hereby expressly charged
with the faithful execution of this law, and they shall make report thereof respec-
tively, to the circuit court, at the next term in the county after the same shall
have been done, and said report shall be entered upon the records of the said cir-
cuit court.

Sec 35. It shall also be the duty of the said county commissioners, in each
county, to cause to be erected, when, in the opinion of said court, the means of
the county are such as to justify it, a suitable court house in each of their respec-

COUNTIES AND COUNTY COURTS. 135

five counties ; and they shall have power to enter into contracts from time to time,
with any person or persons, in behalf of the county, for the erection of such court
houses, or finishing any court house already begun, at any regular term of their
court, or at any special term they may appoint.

Sec. 36. The county commissioners' courts in each county, shall have power
to contract for and procure, for the use of their respective counties, whenever it shall
become necessary, any lot or lots of land, whereon to erect such county buildings,
and obtain deeds of conveyance to such counties, and to sell and convey the same
when it shall become necessary, to any purchaser or purchasers, in the manner
prescribed by law.

Sec. 37. The county commissioners' courts of any county in this State are
hereby authorized to lease such vacant room or rooms as offices, as may be in the
court house of said counties and not occupied by and furnished for the sheriff,
clerk of the circuit court, clerk of the county commissioners' court, and probate
justice of the peace of said counties, for any term not exceeding one year, and for
such rent or rents as they may think right and proper.

Sec. 38. The county commissioners of said counties shall have the care and cus-
tody of said court houses ; any law or usage to the contrary notwithstanding.

Sec 39. Hereafter, in all cases of division of any county in this State, by peti-
tion or otherwise, it shall not be lawful to establish any boundary line within less
than ten miles of the seat of justice of the county to be divided.

Sec 40. Hereafter, no county in this State shall be curtailed in its limits so
as to reduce the territory to less than four hundred square miles, nor shall any county
be created hereafter, the territory of which shall contain less than four hundred
square miles. -

Sec 41. It shall be the duty of the commissioners' court of each county to
cause a complete statement in writing of the fiscal concerns of the county to be
made out at their March term, annually, which shall specify the amount of money
paid out of the county treasury during the preceding year, to whom paid, and for
what purposes ; and likewise the amount of the county orders issued and unre-
deemed during the same year ; and the clerk of said court shall keep said statement
posted up in his office for the period of one month at least, from the end of said
term ; and for failing to perform this duty, he shall pay a fine often dollars. Each
county commissioner who shall neglect to cause such statement to be made
out, shall also pay a fine of ten dollars, to be recovered by action of debt, at the suit
of any individual, before any justice of the peace of the county ; one-half for the
use of the county, and the other half with costs of suit, for the use of the person
so sueing.

Sec 42. Any party to a proceeding had before any county commissioners'
court, who may feel aggrieved by the final decision, judgment or order of such court,
shall be allowed to appeal to the circuit court of the county in which the decision,
judgment or order may have been made : Provided, The appeal be prayed during
the term of the court at which the decision, judgment or order may be rendered :
And, provided farther. That the party praying appeals shall be required to execute
bond, with good security, to be approved by the court, payable to such person, and
with such conditions as the court shall require ; and after the execution of the ap-
peal bond, the clerk of the commissioners' court shall file with the clerk of the cir-
cuit court, a full and complete transcript of the record and proceedings of the court,
together with the appeal bond, and all original papers relating to the case j and the

13Q COUNTIES AND COUNTY COURTS.

clerk of the circuit court shall thereupon issue a summons against all parties inter-
ested in the decision, judgment or order appealed from, as in cases of appeals from
judgments of justices of the peace, and if a county be interested, the summons
shall issue against the county commissioners of such county.

Sec. 43. The circuit courts shall have jurisdiction to hear and determine all
such appeals, and shall give such judgment in respect to the rights of the parties,
as the commissioners' court should have given, and shall have power to make all
such orders, and to issue all such process and notices as may be necessary to bring
all persons interested before the court; and on the trial of such appeals, the c^trt
shall proceed in—all respects as is or may be required in the trial of other appeal
cases in said court ; and the judgment of the court in the premises, shall be final
and conclusive upon the parties, unless an appeal be taken to the supreme court.
The said circuit court shall also have power to remand all such cases to the county
commissioners' court, with directions to carry into effect, so far as relates to rights
of parties, the judgment of said court : Provided, That in cases so remanded, the
circuit court shall make out and deliver a w*Mren opinion to be entered of record,
and transmitted to the county commissioners' court.

Sec 44. The county commissioners' courts of the several counties in this State,
are hereby authorized and required, whenever the finances of any county in this
State shall justify such expenditure, to cause to be erected a fire proof recorder's
office, on some suitable lot at their respective county seats, and pay for the same
in the same manner as court houses and jails are paid for : Provided, That if the
county commissioners' court of any county as aforesaid shall be of opinion that any
one of the rooms unappropriated in their court houses respectively can be made
fire proof, they shall be required and authorized as aforesaid to cause such improve-
ments or additions to be made to any such room as will render the same fire proof;
in which said fire proof buildings or room, the records and office of county recorder
shall be kept.

Sec 45. The provisions of the foregoing section may, at the discretion of the
county commissioners' court of any county in this State, be deemed to apply to the
offices of clerks of the county commissioners' and circuit courts, respectively.

Sec 46. In all cases when orders for money are issued by the clerk of any
county commissioners' court, in any county of this btate, upon the treasurer of
such county, the said -orders, before they are delivered to the person or persons for
whose benefit the same is or are drawn, shall be severally presented by the clerk
to the said treasurer, who shall personally countersign the same ; and shall also
enter in a book, to be kept for that purpose, the date, amount and number of each
of said orders, and the name or names of the person or persons in whose favor
such orders are drawn respectively.

Sec 47. No county treasurer shall countersign any county order before the
same is filled up, nor until he shall examine the records of the court, and be satis-
fied that the order to be issued is warranted by the order of the county commis-
sioners' court.

Approved : March 3, 1845.

[Amended: — Soe Appendix, Acts No. 7, 8 and 9.1

CHAPTER XXVIII.

COUNTY TREASURERS AND COUNTY FUNDS.

Section

1. County treasurer elected once in four years;

how and when elected in new counties.

2. To take oath of office ; form of oath.

3. Shall file bond ; form thereof.

4. Treasurer of each county shall keep books of

account; entries therein.

5. Shall keep account of moneys paid out ; books

open to inspection. ^^

6. No money to be paid out, but by order of^Rfft,

or as directed by law.
T. To report to county commissioners' court at

each term ; particulars to be reported.
S. Clerk shall file reports, &c.
9. Clerk shall not receive money.

10. Money not considered paid, until received by

the treasurer; treasurer to give receipts.

11. Court shall settle with treasurer at June and

December terms.

12. If treasurer be in default, to be dismissed from

office and sued.

Section M

13. Embezzlement of public funds declared to be

felony ; how punished.

1 4. Court shall publish fiscal statement annually.

15. Court may call on treasurer at any time for a

settlement.

16. If treasurer speculate in funds, how examined;

may be dismissed.

17. If treasurer be dismissed, office, how filled.

18. If county officer neglect duty, he may be pun-

ished by fine, &c.

19. If sheriff, &c, refuse to pay over money col-
lected, office to be vacated.

When, by whom, and in what manner office of
defaulters declared vacant.

Collectors of revenue not to speculate in Audi-
tor's warrants.

How punished therefor ; penalty, how collected
and applied.

Duty of county treasurers when orders are pre-
sented, to keep list thereof, &c.

'20.

21.

-22.

Section 1. There shall be elected in each county of this State, a county treas-
urer, who shall hold his office four years and until his successor is elected and
qualified. In counties hereafter to be organized, they shall be elected at the first
election of county commissioners, and in like manner every four years thereafter.
In counties now existing, they shall be elected at the periods and in the order of
time by law established.

Sec. 2. Each county treasurer, previous to entering on the duties of his office,
shall take and subscribe the following oath, to- wit: "I, A. B., treasurer of the coun-
ty of , in the State of Illinois, do solemnly swear, (or affirm) that I will
honestly and faithfully pay over to the proper officers and individuals authorized by
law to receive the same, any and all current money, and other funds that may come
into my possession by virtue of my office as treasurer of the county of ,
and that I will not, directly or indirectly, exchange, lend or use any portion there-
of, for the purpose of speculation, or will I appropriate or apply any portion
thereof, to my own use or benefit, or for the use or benefit of another, and that I
will faithfully and impartially, and to the best of my skill and judgment, perform
the duties required of me by law as treasurer of the county of . A. B.

Sworn to and subscribed before me this day of , 18

C. D., Justice of the peace for county."

Sec. 3. Each county treasurer, before he enters upon the duties of his office,
shall also execute a bond, in such penalty and with such security as the county com-
missioners shall deem sufficient ; which bond shall be in substance in the following
form, to-wit: "Know all men by these presents, that we, A. B., principal, and C. D.,
and E. F., securities, all of the county of and State of Illinois, are held and

firmly bound to the people of the State of Illinois, in the penal sum of dol-

138 COUNTY TREASURERS AND COUNTY FUNDS.

Jars, for the payment of which well and truly to be made, we bind ourselves, each
of us, our heirs, executors and administrators, firmly by these presents : Signed
with our hands, and sealed with our seals. Dated at the day of

18 . The condition of the above bond is such, that if the above bounden A. B.
shall perform all the duties required by law to be performed by him, as treasurer
of the said county of in the time and manner prescribed by law ; and when

he shall be succeeded in office, shall surrender and deliver over to his successor in
office, all books, papers, moneys and other things belonging to said county, and ap-
pertaining to his said office, then the above bond to be void, otherwise to remain in
full force.

Signed, sealed, and delivered ) p" n" kr,T'n

/> ri n )) *-'• •L'* I SEAL. J

in presence of G. H. $ £ F |=seal>J

Sec 4. The county treasurers of the several counties in this State, shall each
of them keep a book, in which they shall keep a regular, just and true account of
all moneys and revenues received by them re^ectively, stating therein particularly
in what kind of funds each particular sum was received, whether in gold, silver,
county orders or any other funds authorized to be received as revenue, by the laws
of this State. They shall also keep a regular, just, and true account of the time
when, of whom, and on what account each particular sum in money, or other funds,
may have been received by them.

Sec 5. They shall also keep a regular, just and true account of all moneys
and funds paid out by them agreeably to law, stating therein particularly on what
account each particular sum was paid out, to whom paid, the particular kind of
money or funds paid out to each individual, and the time when such payment was
made. The books and accounts aforesaid to be free for the inspection of any indi-
vidual who may wish to examine the same.

Sec 6. No money, county orders or other funds, shall hereafter be paid out of
any county treasury in this State, except in accordance with an order or decree of
the county commissioners' courts respectively, or by virtue of a law specifically
directing such payment to be made.

Sec 7. It shall be the duty of the treasurers of each and every county to report
to the county commissioners' courts of their respective counties, at the regular terms
of said courts, the amount of money, county orders, or other public funds, in their
possession ; also, the amount of money, county orders and other public funds re-
ceived by them since their last reports. They shall also state in said reports, the
amount they may have received from each and every source of revenue, by whom,
on what account, in what kind of funds, and at what time the same may have been
paid into the treasury. The said treasurers shall also report to the county commis-
sioners' courts of their respective counties, at the regular terms of said courts,
regular, just and true accounts of all payments out of the treasury, stating particu-
larly at what time, on what account, in what kind of funds, and to whom each par-
ticular sum was paid out.

Sec 8. The clerks of the county commissioners' courts of the several counties
in this State respectively, shall number, hie, and carefully preserve the reports
mentioned in the eighth section of this chapter and the said reports shall be free for
the inspection of any individual who may wish to examine the same.

Sec 9. No clerk of any county commissioners' court in this State shall
receive any money claimed by or due to either of the counties of this State, from
any source whatever, whether on account of revenue, costs or fines, or from mer-

COUNTY TREASURERS AND COUNTY FUNDS. 139

chants, grocers, tavernkcepers, showmen, peddlers or ferry licenses, or from any-
other source whatever.

Sec. 10. No claim of any county, whether for revenue, costs or lines, or for
merchants, grocers, tavernkeepers, showmen, peddlers or ferry licenses, or from
any other source whatever, shall be considered as having been paid and satisfied
until the money or other funds shall have been paid to the treasurer of such coun-
ty, and his duplicate receipts had therefor, which receipts shall specify the kind of
money or other funds in which the payments shall have been made ; one of which
receipts shall be presented to the clerk of the county commissioners' court of the
proper county, which said clerk shall number, file and carefully preserve the same
in his office, which aforesaid duplicate receipts, it shall be the duty of the treasurer
to give to any person who shall pay into the county treasury any money or other
funds as aforesaid.

Sec. 11. The county commissioners' court of each and every county in this
State shall, at their June and December terms in each year, settle with their county
treasurer, and count the funds then in the treasury of their county ; and the clerk
of said court shall then enter on the records of said court the amount and kind of
funds found to be in the treasury at the time.

Sec 12. Should the treasurer, at any such settlement, prove a defaulter, and be
actually in arrears with the county, the county commissioners shall immediately
dismiss him from office, and commence suit against him on his official bond.

Sec 13. If any State or county officer, school commissioner, or any other per-
son charged by law with having the possession and the safe-keeping of any public
money, auditor's warrants, county orders or other funds belonging to the State, or
to any county in the State, or in any way pertaining to the school funds or any
county or township therein, shall convert to his own use, in any way whatever, or
shall use, by way of investment in any kind of property or merchandize, or for his
own use shall loan, with or without interest, any portion of the public moneys,
auditor's warrants, county orders, or any other funds intrusted to him for safe
keeping, disbursement, transfer or for any other purpose, every such act shall be
deemed and adjudged an embezzlement of so much of said moneys, auditor's war-
rants, county orders or other funds, as shall be thus taken, converted, invested,
used or loaned, which is hereby declared to be a felony. Any officer of the State,
or of any county, or of any township, and all persons advising or participating in
such act, being convicted thereof before any court of this State of competent juris-
diction, shall, in case the sum so embezzled, taken, converted, invested, used or
loaned, be less than fifty dollars, be fined in a sum not exceeding two hundred
dollars, or imprisoned in the jail of the proper county not exceeding three
months, or both, at the discretion of the court before which such conviction shall be
had ; and in case the sum so embezzled, taken, converted, invested, used or loaned,
shall exceed fifty dollars, then the said officer or other person so convicted, shall be
fined in a sum double the amount of the sum so embezzled, taken, converted, inves-
ted, used or loaned, and confined in the penitentiary not exceeding ten years, nor
less than one year : Provided, however, That this chapter shall not be so construed
as to extend to any public officer or agent who shall loan any school or other fund,
in pursuance of any of the laws of this State.

Sec 14. The county commissioners' courts of this State shall publish annually,
at their June terms, in a newspaper, if one is printed in the county, a full and per-
fect statement of the financial affairs of their respective counties, and if a newspaper

140 COUNTY TREASURERS AND COUNTY FUNDS.

is not published in said county, then the clerks of said courts shall post the same up
in their respective offices, which shall be kept there for the inspection of all persons,
at all seasonable hours, who may desire to examine the same.

Sec. 15. The county commissioners' court of any county in this State may, at
any time when any two of them think it for the interests of the people of their county
so to do, call through their clerk upon the treasurer of their county for a settlement,
and should said treasurer neglect or refuse to appear and make settlement as notified
to do, said commissioners shall declare his office vacant, and proceed upon his bond
as required to do in this chapter.

Sec. 16. Should the county commissioners' court of any county in this State be
of opinion that the treasurer of their county has at any time used the funds of said
county when current, and replaced the same in depreciated funds, they shall have
the power to examine said treasurer under oath as touching said transaction, and if
it shall appear that he has parted with any current funds belonging to the county,
and replaced the same with funds less valuable, they shall immediately dismiss
him from office.

Sec 17. Should any county treasurer be dismissed from office pursuant to the
provisions of this chapter, it shall be the duty of the county commissioners' court
to appoint some suitable person to fill the vacancy so occasioned, and the person so
appointed, shall give bond and security as now required by law of county treasurers,
and shall perform all the duties enjoined upon the county treasurer until one is
elected and qualified.

Sec. 18. If any clerk, county commissioner or treasurer of any county in this
State, shall neglect or refuse to perform any of the duties required of them by this
chapter, they shall severally forfeit a sum of not less than fifty dollars, and not
exceeding one thousand dollars, according to the nature and aggravation of the
offence, to be recovered by indictment in the circuit court of the proper county, or
by action of debt by any person who shall sue therefor, one-half to the person sueing,
and the other half to the proper county.

Sec 19. Whenever any sheriff, coroner, constable, justice of the peace or
probate justice of the peace in this State, shall, after proper demand made, fail,
neglect or refuse to pay over any sum or sums of money collected or received by
such officer, in and by virtue of his office, his said office shall be forfeited and
vacated.

Sec 20. Whenever in pursuance of the laws of this State, any judgment shall
be had or taken, against any sheriff, coroner, constable, justice of the peace, or
probate justice of the peace, for any failure, neglect or refusal of such officer, to pay
over any sum or sums of money collected or received by him, in and by virtue of
his office, and it shall appear to the satisfaction of the court, that proper demand
for the same has been made, it shall be the duty of the court, or justice of the peace
before whom such judgment is had or taken, further to adj.udge and decree that the
office of such officer, so failing, neglecting or refusing, as aforesaid, is forfeited and
vacated, and such vacancy shall be filled as in other cases of vacancy, as is now
provided by law.

Sec 2] . The collectors of the State revenue in the several counties in this
State, shall receive auditor's warrants in payment of any or all taxes due the State,
in their respective counties, at par, and they shall not be permitted to take, buy,
share or receive, directly or indirectly, by themselves or agent, any auditor's war-
rant or warrants, at less than the full sum due thereon, to the holder of such
warrant or warrants.

COURTS.

141

Sec 22. For any violation of the provisions of the preceding section by any
collector or collectors aforesaid, he or they shall be liable to double the amount so
made by purchasing or sharing said warrants, at less than their face, in an action of
debt, before any justice of the peace or court of record of the proper county. One
half of all sums so collected to go to the person complaining, and the other half to
go to, and form a part of the school fund of the county where such collector may
reside.

Sec 23. It shall be the duty of the county treasurer, of any county in this
State, whenever any county order is presented for payment, to indorse on the back
of any such order, the time when the same was presented for payment ; and it shall
also be the duty of the said treasurer, to set down in a book to be kept by him for
that purpose, the amount and date of all such county orders, to whom made payable,
and the time when presented to the said treasurer for payment ; and all county
orders shall be paid according to their original dates ; and it shall be the duty of the
county treasurer, whenever any money comes to his hands, to set apart the amount
of the order presented as aforesaid, which money shall be kept by the treasurer
until called for ; and the said treasurer, when he goes out of office, shall deliver
said book, containing a list of the county orders so presented, to his successor, who
shall in all things act as though the entries of orders were made by himself.

Approved : March 3, 1845.

CHAPTER XXIX.

COUKTS.

Section

1. Supreme court, composed of a chief justice

and eight associates ; how chosen.

2. One session of supreme court in each year.

3. To be held at the Seat of Government, unless,

&c.

4. Five justices constitute a quorum ; decisions

to be by a majority.

5. Justices to take oath ; who may administer it.

6. May make rules of practice, &c, chief justice

shall examine cleric's office annually.

7. Appellate jurisdiction; general powers.

8. If no quorum, or court fails to sit, may adjourn

from day to day.

9. Chief justice and associate justices shall hold

circuit courts; when one is unable to hold
court another may supply his place.

10. Causes pending when court adjourns, may be

continued.

11. Process, how tested, signed and sealed, and how

returnable.

12. How process may be executed ; power of court

to punish for contempts.
Original jurisdiction of supreme court, in case
of public officers ; if bond of officer be de-
fective, may proceed against officer, and com-
pel him to account, and may give judgment ;

13.

Section

party to have notice ;' attorney general to pros-
ecute.

14. Supreme court may appoint clerk; may remove

him for cause ; cause of removal to be entered
of record.

15. Duty of clerk to issue process; keep record;

shall be sworn; shall keep his office at the
Seat of Government; shall give bond; its con-
dition ; bond to be filed in secretary's office.

16. Parties in circuit court may make agreed case,

and submit same to supreme court.

17. Judge, if parties agree, may certify case to the

supreme court ; or, case may be certified by
counsel ; proceedings thereon in the supreme
court.

18. Two preceding sections not to apply to suits

respecting real estate.

19. Opinions delivered in supreme court to be de-

livered in writing, filed and recorded.

20. Court shall appoint reporter.

21. Reporter shall be sworn; may, for cause, be

removed from office.

22. Reporter shall deliver sufficient number of re-

ports to secretary of State, for distribution
and for State library.

23. Reports, how distributed.

142

COURTS.

Section'
24.

26.

27.

Reports, how paid for.

Court may make rules of practice.

Salary of judges.

Vacancies when occurring during session of

General Assembly, how filled; when during

recess, how filled.

28. When judge does not attend circuit court on the

first day of term, what proceedings had.

29. Judges to reside in respective circuits ; powers.

30. Power of judges, as to issuing process.

31. Power to hear- cases of treason, felony, &.c.

32. Suits, where tried.

33. Clerks of circuit courts to be sworn.

34. Shall give bond, which shall be filed in office of

secretary of State.

35. Clerks shall keep their offices at county seats ;

duties generally.

36. Their fees.

37. Judge may, for cause to be entered of record,

remove clerk; removal of clerk not to dis-
charge obligation of official bond.
Clerk going out of office, to deliver papers, &c,
to successor ; on refusal, compulsory process
may be used.

39. Judges shall examine clerks' offices annually.

40. Clerks of circuit courts may issue process ;

how tested, dated, signed and sealed.

41. Judges may hold courts for each other; their

powers in such cases.

42. If judge fail to attend circuit court, how causes

continued..

43. Judges of circuit courts may appoint special

term for the hearing of chancery cases ; pow-
ers in such cases ; may appoint term for hear-
ing of civil and criminal cases; jury, how
summoned.

44. If judge be interested, cause transferred to an-

other circuit.

45. If person in custody for crime desires a trial,

how to proceed.

38.

Section

46. Duty of sheriff in such case; penalty for neg-

lect ; when no such special term shall be or-
dered.

47. How court shall proceed in such cases.

4S. How process issued in such cases, shall be exe-
cuted; power of courts to punish contempts,
&c.

49. Clerks may issue subpoenas to any county.

50. Judges may, in vacation, appoint special term ;

proceedings in such cases.

51 . Circuit court of Sangamon county to have original

jurisdiction in cases in which State is plain-
tiff.

52. Suits to be brought in the name of the people,

&c.

53. Attorney general may, on his official statement,

without oath, cause writs to be issued in be-
half of the State.

54. State not required to give bond.

55. Sheriffs, &c.} thioughout State to obey such

writs ; how defendants may be arrested and
held to bail.

56. Defendants may recover costs against the State ;

how paid.

57. State officers to give notice of any delinquency

to attorney general, who shall prosecute forth-
with.

58. Duty of attorney general to enforce penalties of

criminal code against officers guilty of embez-
zlement.

59. Official statements of officers to be evidence.

60. Process, may go to any county; fees, &c.

61. Causes how docketed; other courts of the State

to have concurrent jurisdiction.

62. Process, by what officer served.

63. Construction of twelve preceding sections.

64. Sheriff of county in which supreme court is

held, shall attend its sittings.

65. State to remain divided into nine judicial cir-

cuits; judges to hold courts therein, &c.

Section 1. There shall remain, as at present established, a supreme court, to be
composed of one chief justice and eight associate justices, to he chosen and continu-
ed in office in manner and for the term provided in article fourth of the constitution.

Sec. 2. The supreme court shall hold one session in each year, to commence on
the second Monday in December, and continue in session until all the business be-
fore it is disposed of.

Sec. 3. The sessions of the supreme court shall be held at the seat of govern-
ment, unless by reason of pestilence or any other public calamity, the justices
thereof shall see fit to change the same until the cause of such removal shall cease.

Sec. 4. Five of said justices shall constitute a quorum for business ; and all
questions submitted for decision shall be determined by a majority of the justices
present at. the hearing.

Sec. 5. The chief justice and associate justices of the supreme court, previously
to entering upon the duties required of them by law, shall, in addition to the oath to
support the constitution of the United States and of this State, take the following
oath of office : " I, A. B., chief justice (or associate justice, as the case may be,)
of the supreme court do solemnly swear, (or affirm) that I will administer justice,
without respect to persons, and do equal right to the poor and to the rich, without
sale or denial, promptly, without delay, conformably to the laws, without favor,
affection, or partiality, to the best of my judgment and abilities 5 " which oath or
affirmation may be administered by any justice of the peace in this State ; a certifi-
cate whereof shall be indorsed by the person administering the same, on the back
of the commission of such judge, and another certificate thereof filed in the office
of the secretary of State.

COURTS. 143

Sec 6'. The said supreme court may, from time to time, institute such rules of
practice, and prescribe such forms of process to be used, and for the keeping of the
dockets, records and proceedings, for the regulation of the said court, as shall be
deemed most conducive to the due administration of justice ; and it shall be the duty
of the chief justice to examine the state of the clerk's office of the said court annual-
ly, and make report thereof to the next term of the court which shall be noted in the
proceedings.

Sec 7. The said supreme court shall exercise appellate jurisdiction only, (ex-
cept as is hereinafter excepted) and shall have final and conclusive jurisdiction of
all matters of appeal, error or complaints from the judgment or decrees of any of
the circuit courts of this State, and from such other inferior courts as may hereafter
be established by law in all matters of law and equity, wherein the rules of law or
principles of equity appear, from the files, records or exhibits of any such court, to
have been erroneously adjudged and determined. And the said supreme court is
hereby empowered, authorized and enabled to take cognizance of all such causes as
shall be brought before it in manner aforesaid, and shall be vested with all the power
and authority necessary for carrying into complete execution all its judgments,
decrees and determinations in the matters aforesaid, according to the laws, customs
and usages of this State, and according to the rules and principles of the common
law; and its judgments, decrees and determinations shall be final and conclusive
on all the parties concerned.

Sec. 8. If there shall not be a quorum of the justices of the said supreme court
present, on the first day of any term, the court shall stand adjourned from day to
day, until a quorum shall attend ; and if, from any cause, the supreme court shall
not sit on any day in a term after it shall have opened, there shall be no discon-
tinuance, but so soon as the cause is removed, the court shall proceed to business
until the end of the term, or until the business depending before it shall be dis-
posed of.

Sec 9. The chief justice and associate justices of the said supreme court, shall
hold circuit courts as is herein provided for by law ; and when either of the said
judges shall, by death, resignation, removal from office or unavoidable absence,
fail to attend and hold any of the circuit courts required of him by law, it shall be
the duty of one of the other judges presiding in either of the other circuits, upon
receiving information that such courts will not be holden, to attend in the said circuit,
so situated, and hold courts therein, and exercise all the powers and jurisdiction,
both in term time and vacation, that the judge assigned by law to such circuit could
legally do, until the causes aforesaid, which authorize and require such judge to
exercise such power and jurisdiction in such circuit, shall be removed.

Sec 10. If the said supreme court, or any of the circuit courts directed to be
held by this chapter, shall not sit in any term, or shall not continue to sit the whole
term, or before the end of the term shall not have heard and determined all matters
and causes depending in said courts, all matters and causes depending and undeter-
mined, shall stand continued until the next succeeding term.

Sec 11. All process which shall be issued from the said supreme court, shall
bear teste, in the name of the chief justice, be signed by the clerk, dated when issu-
ed, and sealed with the seal of the court ; and all such process shall be made re-
turnable according to law, or such rules and orders as may be prescribed by the
court.

Sec 12. Any process which may be issued from the said supreme court or
any justice thereof, or the clerk, according to law, shall be executed by the officer

144 COURTS.

or person to whom it shall be directed in any county or place in this State, in the
usual manner that process is or may be required to be executed and returned. The
said court shall have power to punish contempts offered by any person to it while
sitting, and for disobeying any of its process, rules and orders issued or made con-
formably to law.

Sec. 13. The supreme court shall have original jurisdiction in all causes, suits
and motions against public debtors, sheriffs, clerks and all collectors of the public
revenue to the State, of every denomination whatsoever ; and in all cases where it
may have been or may hereafter be the duty of any sheriff, clerk, collector or recei-
ver of public moneys for the State, to make collections and settlements with the
proper authority : if he or they have failed to do so or shall hereafter fail to do
so and there shall appear any defect in the bond given by said officer or person or
other proceeding, sufficient to exempt from liability the security or securities of such
officer or person, or to defeat the ordinary proceedings against himself, the court
shall have power to compel such person, whether in or out of office, who has either
collected public money, or ought to have done so, to exhibit upon oath a full and
fair statement of all moneys by him collected, and a list of all persons, as far as it
may be practicable to obtain the same, of whom such person had a right to collect,
and who had failed to pay him accordingly 5 and the court shall, upon hearing the
whole case, without regard to form, have power to give such judgment for such sum
or sums of money as such person ought to be liable to pay, according to the true
spirit of the law and the principles of equity: Provided, That the person or per-
sons as aforesaid shall have due and reasonable notice of the time of proceeding
against him or them as aforesaid ; and it shall be the duty of the attorney general
to attend and prosecute the same.

Sec. 14. The supreme court, or a majority of the justices thereof, shall ap-
point a clerk of said court, and may remove him from office at pleasure, for neglect
of duty, mal-conduct in office, incompetency to perform the duties thereof, or For
any other cause which shall be satisfactory to said court, or a majority thereof.
The cause of such removal shall be entered upon the records of said court.

Sec 15. It shall be the duty of the clerk of the supreme court, to issue pro-
cess in all cases where process ought to be issued from the said court ; and to
keep and preserve complete records of all the decisions and proceedings of the
said court : he shall, before he enters upon the duties of his office, take the follow-
ing oath or affirmation before one of the justices of the supreme court: " I, A. B.,
being appointed clerk of the supreme court, do solemnly swear, (or affirm)"that I
will truly and faithfully enter on record all the orders, decrees, judgments and
proceedings of the said court, and that I will faithfully and impartially discharge
and perform all the duties of my said office, according to the best of my abilities
and understanding according to law ;" and the said clerk shall keep his office at the
seat of government, and shall do and perform all such acts and things as are or may
be enjoined on him, and be entitled to such compensation as is or may be provided
by law. And he shall, at the first term of said court after he shall be appointed,
give bond to the Governor of this State and his successors in office, for the use of
the people of the State, with one or more securities, to be approved by the said
court, in the sum of three thousand dollars, conditioned for the faithful discharge
of his duties, and to deliver up all moneys, papers, books, records and other things,
appertaining to the same, whole, safe and undefaced, when lawfully required so to
do ; which bond so executed as aforesaid, shall be filed in the office of the secreta-
ry of State.

COURTS. 145

Sec 16. The parties in any suit or proceeding at law, or in chancery, in any
circuit court, may make an agreed case containing the points of law at issue be-
tween them, and file the same in the said court ; and the said agreed case may be
certified to the supreme court by the clerk of such circuit court, without certify-
ing any fuller record in the case ; and upon such agreed case being so certified and
filed in the supreme court, the appellant or plaintiff in the error may assign errors,
and the case shall then be proceeded in in the same manner as it might have been
had a full record been certified to said supreme court.

Sec. 17. Any judge of a circuit court may, if the parties litigant assent thereto,
certify any question or questions of law arising in any case tried before him, to the
supreme court, together with his decision thereon ; or the parties in the suit may
agree as to the questions or points of law arising in the case, and the same may be
certified by the counsel or attorneys of the respective parties, who shall sign their
names thereto ; and upon such certificate being made, the same shall be filed in the
circuit court, and a copy of such certificate certified by the clerk of said circuit
court to the supreme court, and filed therein ; and upon filing the same, the like
proceedings may be had in the supreme court as if a full and complete record had
been transcribed and certified to said court.

Sec. 18. The two preceding sections shall not apply to cases in which the title
to real estate is in question.

Sec. 19. In the decision of cases submitted to the supreme court, the opinions
of the justices shall be delivered in writing, and filed with the other papers. Such
opinions shall also be spread at large upon the records of the court.

Sec 20. The court shall appoint some person learned in the law to minute
down and make report of all the principal matters, drawn out at length, with the
opinion of the court, in all such cases as may be tried before the said court ; and the
said reporter shall have a right to use the original written opinion after it shall have
been recorded by the clerk.

Sec 21. The reporter, before entering upon his duties, shall be sworn by some
one of the justices of the supreme court, faithfully to perform the duties of his
said office. He may, for misconduct in office, neglect of duty, incompetency, or
other cause shown, to be entered of record, be removed from office.

Sec 22. It shall be the duty of the reporter to deliver to the secretary of State,
as soon as convenient after publication, such number of copies of the respective
volumes of the reports of said court, as may be necessary to enable the said secre-
tary to distribute the same in the manner provided in the following section, together
with one hundred copies in addition, to be deposited in the secretary's office for the
use of the State.

Sec 23. It shall be the duty of the secretary of State to distribute the said
reports, in the manner following, to-wit : He shall deliver one copy to each of the
jutices of the supreme court; one copy to the attorney general, each State's attorney,
and to each clerk of a court of record in this State, except the supreme court ; one
copy to each probate justice, and five copies to the clerk of the supreme court ; one
copy to the executive of each State in the United States, and five copies to the ex-
ecutive of the United States ; and one copy to each of the officers of the executive
department of this State, who are required to keep their offices at the seat of gov-
ernment.

Sec 24. Upon the delivery of the requisite number of any volume of said
reports, it shall be the duty of the secretary of State to deliver to said reporter, a

10

146 COURTS.

certificate, specifying the number of copies of said reports, which shall have been
delivered to him ; and on presentation of said certificate to the auditor of public
accounts,' he shall issue his warrant upon the treasury for such an amount as said
volumes shall amount to, at the price for which said books shall be sold to individ-
uals : Provided, Said price shall not exceed the ordinary price of law books of the
same description, to be determined by the auditor, treasurer and secretary of State.

Sec. 25. The supreme court shall have power, from time time, by general
rules, to establish, modify, alter and amend the practice in the said court, in matters
not provided for by statute.

Sec 26. Each justice of the supreme court shall receive a yearly salary of
fifteen hundred dollars, payable quarterly out of the public treasury.

Sec 27. When any of the said judges shall die, resign, remove from the State,
become incompetent or be removed from office, during the session of the General
Assembly, his successor shall be chosen as provided in article four of the constitu-
tion ; if such vacancy occur or exist during a recess of the General Assembly, it
shall be filled by appointment of the Governor ; the person so appointed to con-
tinue in office until the close of the ensuing session of the General Assembly, and
until his successor shall be appointed and qualified.

Sec 28. If there shall be no judge attending in any county, on the first day of
any term, the court shall stand adjourned from day to day until a judge shall attend,
if that should happen before the hour of four o'clock in the afternoon of the second
day ; but if no judge shall have attended before that time, the court shall stand ad-
journed until the next succeeding term.

Sec 29. The chief justice and the associate justices of the supreme court, shall
be required to reside in the circuits assigned them respectively ; and the said circuit
courts shall be holden at the respective court houses of said counties, and the said
judges respectively, in their respective circuits shall have jurisdiction over all mat-
ters and suits at common law and in chancery, arising in each of the counties in
their respective circuits, where the debt or demand shall exceed twenty dollars.

Sec 30. The said judges shall be conservators of the peace, and the said
courts in term time, and the judges thereof in vacation, shall have power to
award throughout the State, and returnable in the proper county, writs of injunc-
tion, ne exeat, habeas corpus, and all other writs and process, that may be necessary
to the due execution of the powers with which they are or may be vested.

Sec 31. The said courts shall respectively have power and authority to hear
and determine all cases of treason and other felony, crimes and misdemeanors of
whatever kind, that may be committed within any county or place within their
respective circuits, and that may be brought before them, by any rules and regula-
tions provided by law.

Sec 32. All suits brought in the said circuit courts shall be tried in the coun-
ties in which they originated, unless in cases that are or may be specially provided
for by law.

Sec 33. The clerks appointed by the said circuit courts, or by the judges
thereof in each county, shall, before they enter upon the duties of their offices,
respectively take an oath, to support the constitution of the United States, and of
this State, and also the following oath of office, before one of the judges of the said
circuit courts, or some justice of the peace in this State : "I, A. B., being appoin-
ted clerk of the circuit court for county, do solemnly swear, (or affirm)
that I will truly and faithfully enter and record all the orders, decrees, judgments
and proceedings of the said court ; and that I will faithfully and impartially dis-

COURTS. 147

charge and perform all the duties of my said office, according to the best of my
abilities and understanding, according to law." A certificate whereof, with the ap-
pointment, shall be entered on the records of the court at the first term of the court
after the same shall be done.

Sec. 34. The clerk of each circuit court shall, at the first term of the said
court held in his county after he shall be appointed, enter into bond to the gov-
ernor of the State, and to his successors in office, for the use of the people of the
State of Illinois, with one or more securities to be approved by the court, in the
sum of two thousand dollars, conditioned for the faithful performance of the duties
of his office, and to deliver up the papers, books, records and proceedings apper-
taining thereto, whole, safe and undefaced, when lawfully required so to do ; which
bond, so executed, shall be transmitted to the office of the secretary of State, and
filed therein.

Sec. 35. The clerks of the respective circuit courts, shall keep their offices at
the county seats of their respective counties ; they shall make, keep and preserve,
complete records of all the proceedings and determinations of the courts, of which
they are clerks, except in cases otherwise provided by law, and do and perform all
other duties pertaining to their said offices, as may be required by law, or the rules
and orders of their courts respectively.

Sec. 36. The clerks of the circuit courts shall be entitled to such fees and
compensation for their services as shall be allowed by law, or by order of court.

Sec 37. The clerk of any circuit court may be removed from office by the
judge of said court, for any neglect of duty, incompetency, misconduct in office, or
any other cause which may be satisfactory to said court ; the reasons for such re-
moval to be entered at large upon the records of said court. The official bond of
such clerk shall not be affected by such removal, but shall remain in full force, for
the satisfaction of any breach of its conditions.

Sec. 38. It shall be the duty of every clerk of the circuit court, hereafter to be
appointed to succeed another, to demand of his predecessor, or the person in whose
possession they may be, all the books, papers and proceedings appertaining to the
circuit court of which he shall be appointed clerk : and the said predecessor or
person in whose possession the same may be, shall, on such application and demand ,
deliver them up to the person so appointed ; and should any person herein required
to give up the books, papers and proceedings as aforesaid, refuse so to do on such
application and demand, the proper circuit court shall have power to use such com-
pulsory process, and take such measures as may be necessary to coerce the deliv-
ery as aforesaid, according to the true intent and meaning hereof.

Sec 39. The judges shall annually examine into the condition of the office of
every clerk of the circuit court in their respective circuits, and make such order
thereon as circumstances may require.

Sec 40. The clerks of the circuit courts may issue process in all cases arising
therein ; which process shall bear teste in the name of, and be signed by such clerks
respectively, and dated on the days on which they issue, and be made returnable
according to law j and all process issuing from the said circuit courts, shall be sealed
with the judicial seal which shall be provided for that purpose ; but in case there
shall not be a judicial seal, the clerk shall affix his private seal until a public one
shall be provided.

Sec 41. The chief justice, and the associate justices of the supreme court, may
interchange and hold each other's circuit courts as often as they may agree to do
the same, and may award writs of habeas corpus, ne exeat, certiorari and injunction ,

148 COURTS.

and may grant orders to stay proceedings, which said writs and orders shall run,
and have force, in each other's circuits ; and such acts, writs and orders shall have
the same effect, and be obeyed in the same manner, as if the said acts, orders and
writs were done, granted and sued by the proper justice or judge of the circuit.

Sec. 42. Should the chief justice or either of the associate justices fail to attend
in anv county, in their respective circuits, on the day appointed for commencing the
term of the circuit court therein, as required by law, the court shall stand adjourned
until the next day, and should the judge not attend by four o'clock in the afternoon
of the second day of the term, the court shall stand adjourned until the next succeed-
ing term of the court; and all suits, writs, process, indictments, recognizances and
other proceedings, shall stand continued over until the next term of the court, as
effectually as if the same had been continued by the order of the court.

Sec. 43. The said judges in their respective circuits, may, at any regular term
of the court in any county, make an order appointing a time for holding a special
term of the court, for hearing and deciding chancery causes, and shall have power
at such special terms, to hear and decide all causes, matters and things depending
in chancery in such courts ; and all proceedings had, and all orders, decrees and
judgments made at such special term, shall have the same validity as if had or made
;>t a regular term appointed by law. The said judges shall also have power at any
regular term of a circuit court in any county, to make an order appointing a time
for holding a special term of such court, for the trial of civil and criminal causes;
and suits may be instituted, and process made returnable to such special term in
the same manner, and with like effect as at a regular term of such court ; and the
county commissioners of such county, shall select and cause to be summoned a
grand and petit jury, to attend the special term appointed for the trial of civil and
criminal cases ; and the court shall have power at such special term to try all civil
and criminal cases; and all orders, judgments and proceedings made and had at
such special term, shall be as valid and effectual, as if made or had at a regular
term of the court.

Sec. 44. If any judge of the circuit court shall be interested in any suit or pro-
ceeding in his circuit, it shall be his duty to cause all the papers relating to such
suit or proceeding, and a transcript of the record, if necessary, to be transmitted
•to the most convenient county in the next adjoining circuit, as in case of a change
of venue ; and the judge of the circuit, to which such cause shall be transferred,
shall proceed therein, in all respects, as if the same had been originally instituted
in his circuit.

Sec 45. Whenever any person shall be in the custody of the sheriff of any
county, charged with a capital crime, or any felony, or other offence, punishable by
confinement in the penitentiary, it shall be the duty of such sheriff, provided such
person shall desire a trial, to give information thereof, in writing, to the judge pre-
siding in the circuit, or in the case of his absence or disability, to the next circuit
judge nearest to the county where the offence is charged to have been committed,
whose duty it shall be to issue a precept, under his hand and seal, to the sheriff of
such county, to summon twenty-three grand jurors, and twenty-four petit jurors, to
attend at the seat of justice of said county on a day therein mentioned, which shall
not be less than fifteen nor more than thirty days from the date of said precept.

Sec. 46. It shall be the duty of the sheriff, on receiving the precept aforesaid,
to give notice by advertisement, set up at the seat of justice of his county, at least
ten days before the return of such precept, of the time of holding a special term of

COURTS. 149

the circuit court, in pursuance of this chapter ; and it shall be the duty of the cir-
cuit judge, either personally or in writing, to notify the attorney prosecuting for the
State in such county, of the time and place of holding court in pursuance of this
chapter ; but the want of such advertisement by the sheriff, or notice by the judge,
shall not be construed to invalidate the authority of the court, or to render its pro-
ceedings void or erroneous ; but in case of such omission, the precept aforesaid
shall be considered as legal notice of the time and place of holding such court; and
the sheriff, for omitting to advertise in manner aforesaid, may be fined at the discre-
tion of the court, in a sum not exceeding five hundred dollars : Provided, That there
shall be no such special term of the circuit court, where a regular term of said
court will be held within forty days of the time of receiving such notice as afore-
said, by the judges from the sheriff, but in all such cases the person shall wait until
the regular term for his trial.

Sec. 47. The said circuit court, when met in pursuance of this chapter, shall
have authority to adjourn to any day which may be adjudged reasonable and expe-
dient, for the fair and impartial trial of any such person, who may be indicted be-
fore it, and in case the requisite number of grand and petit jurors shall not attend
at the time and place specified in such precept, or the number of petit jurors be
reduced by challenge below the number of twelve, the court may order the sheriff
to complete the pannel of the grand or petit jury from the bystanders, or award a
venire de novo for a grand or petit jury, as the case may require.

Sec 48. Any process which may be issued by any of the clerks of the said
circuit courts, or any judge thereof, in pursuance of law, shall be executed by the
officer or person to whom the same shall be directed, in any county or place in
this State, in the same manner that process usually is, or may be required to be
executed, and returned ; and the said circuit courts shall respectively have power
to punish all contempts offered by any person or persons to them, while sitting as
such, at any regular or special term as aforesaid ; and for disobeying any of its pro-
cess, rules or orders, issued or made conformably to law.

Sec 49. The clerks of the several circuit courts may issue subpoenas for wit-
nesses to any county in this State.

Sec 50. The circuit judges of the several judicial circuits of this State, shall
have power in vacation, and they are required to appoint a special term of the court
in any of the counties comprising their respective circuits, whenever it may be
necessary for the prompt and efficient administration of justice; and whenever any
special court shall be held, the clerk of said court shall give the sheriff of said
county notice in writing at least twenty days before said court is to be held, who
shall summon a grand and petit jury, to attend at the court house on the day ap-
pointed for holding said court, and said sheriff shall put up notices of the time of
holding such court, in at least five of the most public places in said county, ant!
all process which may have been made returnable to the regular term, shall be
deemed in law returnable to the said special term appointed as aforesaid.

Sec 51. The circuit court of Sangamon county shall have original jurisdiction
in all causes, suits and motions, against every person or persons, body politic or
corporate in this State, in which the State shall be a party, plaintiff or complainant,
whether such causes, suits and motions grow out of contracts express or implied,
or out of iorts of any nature or description whatever, affecting the interest or welfare
of the State.

Sec 52. All such suits, motions, causes and proceedings shall hereafter be
instituted and prosecuted in the name of the People of the Stale of Illinois.

150 COURTS.

Sec 53. Writs of ne exeat, capias, attachment and injunction may issue in the
causes, suits and proceedings aforesaid on behalf of the State, as in cases provided
lor by law between individuals, and such writs shall issue in all instances upon
ihe official statement in writing of the attorney general, which statement shall con-
form to the law applying to the issuing of those writs in other cases, only dispensing
with the oath or affidavit of the attorney general.

Sec 54. The State shall in no case be required to give bond and security as is
required of individuals in sueing out such writs as aforesaid.

Sec 55. It shall be the duty of the sheriffs and coroners throughout the State
to obey the writs aforesaid, and serve the same in their respective counties ; and
whenever any person or persons by virtue of any such writs of capias or ne exeat,
shall be required to give bail or enter into bond or recognizance, for his, her or
their appearance at the court aforesaid, as in other cases provided for by law : in
default of giving bail, or entering into bond or recognizance, such person or persons
shall be imprisoned in the county where he, she or they may be arrested, and there
detained until he, she or they shall give such bail, or enter into such bond or recog-
nizance, or be otherwise discharged by law ; and in case he, she or they shall not
be discharged from custody, the sheriff or coroner having him, her or them in
custody, shall surrender him, her or them before the said court at the return day
of such writ.

Sec 56. Any person or persons, body politic or corporate, against whom any
such suit, cause, motion or proceeding as aforesaid, shall be instituted and prosecu-
ted, shall recover payment for his, her or their costs, which shall be paid by the
State, and for which Ihe clerk of said court shall certify the same to the auditor,
and the auditor of public accounts shall issue his warrant for the same on the treas-
urer, in the event that such cause, suit, motion or proceeding shall be determined
or disposed of against the State.

Sec 57. It shall be the duty of the governor, secretary of State, treasurer,
auditor and fund commissioner, to give immediate notice to the attorney general, of
any delinquency or default of any person or persons, body politic or corporate, in
any matter relating to the public revenue and public interests, growing out of con-
tracts or torts as aforesaid, and it shall be the duty of the attorney general to proceed
forthwith against such person or persons, body politic or corporate, in the most
efficient manner allowed by law.

Sec 58. It shall be the duty of the attorney general to enforce the penalties
of the criminal code against all persons who may embezzle the public money,
or who may be liable to prosecution for any delinquency or default pertaining
to the public revenue in his district ; and it shall be the further duty of the
attorney general to give information and directions and instructions to the prosecu-
ting attorneys of the State, of any such offences as above in other parts of the State
out of his district, so that prosecutions may be instituted against such offenders.

Sec 59. In all such suits, causes, motions and proceedings as aforesaid, the
official statement of the governor, secretary of State, auditor, treasurer and fund
commissioner, of any fact or facts, properly within the legitimate powers and duties
of such officers, respectively, shall be deemed and taken as evidence for and against
ihe State, as the case may be.

Sec. 60. All subpoenas, summonses, executions and other legal process in said
suits, causes, motions and proceedings, shall issue and be directed to any county in
the State, and be served as in other cases provided for by law ; and the fees of the

CRIMINAL JURISPRUDENCE.

151

clerks, witnesses, sheriffs, coroners and other officers, shall be the same as in
other cases.

Sec. 61. The causes, motions, suits and proceedings aforesaid, shall be docketed
in the court aforesaid, and tried and disposed of as other cases : Provided, That
said court shall not have exclusive jurisdiction ol such causes, motions and suits,
but only concurrent jurisdiction with the other circuit courts of the State, where
the defendant or defendants in said causes, motions and suits may happen to reside
or be found.

Sec 62. The sheriff or coroner of the proper county shall hereafter serve and
return all writs and process issuing; out of the supreme and circuit courts, unless
otherwise provided for by law.

Sec. 63. The twelve preceding sections hereof shall not be construed as
repealing any other law of this State, relating to the interests of the State, but the
same shall be considered a cumulative remedy in the enforcement of public justice.

Sec 64. The sheriff of the county in which the supreme court is held, shall
attend upon its sittings, and perform such duties, under the order and direction of
said court, as are usually performed by such officer, and such as said court shall
from time to time require.

Sec 65. The State shall remain as now, divided into nine judicial circuits, and
the chief justice and eight associate justices, shall hold circuit courts therein, and
shall perform all the duties prescribed in this chapter, in the manner and at the
times by law specified, and perform such other duties as such judges, as shall
hereafter be defined by law.

Approved : March 3, 1845.

[Amended:. — See Appendix, Acts No. 10, 11 and 12.]

CHAPTER XXX.

CRIMINAL JURISPRUDENCE.

IVISION I. PERSONS CAPABLE OF COMMITTING

CRIMES.

Section

1 . Crime or misdemeanor, what constitutes.

2. Intention, how manifested.

3. Wlij capable of committing crimes.

4. Infant under ten years not capable.

5. Lunatic or insane not capable.

6. Idiot not capable.

7. Person counselling infant to commit offence,

prosecuted as principal.

8. Married woman committing certain crimes un-

der coercion of husband, not punishable, but
husband punishable.

Section
9. Drunkenness not an excuse for crime, unless
occasioned by the fraud of some other per-
son, for the purpose, &c, in which case such
person considered as principal.
10. Acts committed by misfortune not deemed crim-
inal.
Person committing crime not punishable with
death, under threats, not guilty; persons com-
pelling commission of oftence by such threats,
liable as principal or principals.
Person becoming lunauc or insane after com-
mission of crime, not to be tried during such

li.

V2.

152 CRIMINAL JURISPRUDENCE.

Section I Section

lunacy ; and if after verdict of guilty, and be- ] before sentence, execution thereof to be stayed

fore judgment, such person become lunatic, j till recovery; question of insanity to be tried

then no judgment shall be given, and every by jury.

person becoming lunatic, after judgment and

Section 1. A crime or misdemeanor consists in a violation of a public law, in
the commission of which there shall be an union or joint operation of act and in-
tention, or criminal negligence.

Sec 2. Intention is manifested by the circumstances connected with the per-
petration of the offence, and the sound mind and discretion of the person accused.

Sec 3. A person shall be considered of sound mind who is neither an idiot nor
lunatic, nor affected with insanity ; and who hath arrived at the age of fourteen
years, or before that age, if such person know the distinction between good and
evil.

Sec 4. An infant under the age of ten years, shall not be found guilty of any
crime or misdemeanor.

Sec 5. A lunatic or insane person, without lucid intervals, shall net be found
guilty of any crime or misdemeanor, with which be may be charged : Provided-,
The act so charged as criminal, shall have been committed in the condition of
insanity.

Sec 6. An idiot shall not be found guilty, or punished for any crime or mis-
demeanor, with which he or she may be charged.

Sec 7. Any person counselling, advising or encouraging an infant under the
age of ten years, lunatic or idiot, to commit any offence, shall be prosecuted for
such offence when committed as principal, and if found guilty, shall suffer the
same punishment that would have been inflicted on such person counselling, advi-
sing or encouraging as aforesaid, had he or she committed the offence directly,
without the intervention of such infant, lunatic or idiot.

Sec 8. A married woman acting under the threats, command or coercion of her
husband, shall not be found guilty of any crime or misdemeanor not punishable
with death, provided it appear from all the facts and circumstances of the case,
that violent threats, command or coercion were used ; and in such case the hus-
band shall be prosecuted as principal, and receive the punishment which would
otherwise have been inflicted on the wife, if she had been found guilty.

Sec 9. Drunkenness shall not be an excuse for any crime or misdemeanor,
unless such drunkenness be ocsasioned by the. fraud, contrivance or force, of some
other person or*persons for the purpose of causing the perpetration of an offence ;
in which case the person or persons so causing said drunkenness, for such malig-
nant purpose, shall be considered principal or principals, and suffer the same
punishment as would have been inflicted on the person or persons committing the
offence, if he, she or they had been possessed of sound reason and discretion.

Sec 10. Acts committed by misfortune or accident, shall not be deemed crimi-
nal, where it satisfactorily appears, that there was no evil design or intention, or
culpable negligence.

Sec 11. A person committing a crime or misdemeanor, not punishable with
death, under threats or menaces which sufficiently show, that his or her life or
member was in danger ; or that he or she had reasonable cause to believe, and did
believe that his or her life or member was in danger, shall not be found guilty :
and such threats or menaces being proved and established, the person or persons
compelling by such threats or manaces, the commission of the offence, shall be

CRIMINAL JURISPRUDENCE.

153

considered as principal or principals, and suffer the same punishment, as if he or
she had perpetrated the offence.

Sec. 12. A person that becomes lunatic or insane after the commission of a
crime or misdemeanor, ought not to be tried for the offence during the continuance
of the lunacy or insanity. If, after verdict of guilty, and before judgment pro-
nounced, such person become lunatic or insane, then no judgment shall be given
while such lunacy or insanity shall continue. And if after judgment, and be-
fore execution of the sentence, such person become lunatic or insane, then in
case the punishment be capital, the execution thereof shall be stayed until the
recovery of said person from the insanity or lunacy. In all of these cases, it
shall be the duty of the court to empannel a jury to try the question, whether the
accused be, at the time of cmpanneling, insane or lunatic.

DIVISION II. ACCESSORIES TO CRIMES

Section

1 3. Accessories to crimes ; when punished as prin-
cipals.

Section
14. Accessory after the fact ; how punished.

Section 13. An accessory is he or she, who stands by and aids, abets or assists ;
or who not being present aiding, abetting or assisting, hath advised and encouraged
the perpetration of the crime. He or she who thus aids, abets or assists, advises or
encourages, shall be deemed and considered as principal, and punished accordingly.

Sec 14. An accessory after the fact, is a person who, after full knowledge
that a crime has been committed, conceals it from the magistrate, or harbors and
protects the person charged with or found guilty of the crime. Any person being
found guilty of being an accesssory after the fact, shall be imprisoned for any term
not exceeding two years, and fined in a sum not exceeding five hundred dollars,
in the discretion of the court, to be regulated by the circumstances of the case,
and the enormity of the crime.

DIVISION III. WHO MAY BE WITNESSES IN CRIMINAL

CASES.

Section

15. Party injured may be witness, unless incompe-

tent by reason of infamy, &c, jury to deter-
mine credibility.

16. Black or mulatto person or Indian not evidence

Section

against white person ; who deemed mulatto or
Indian.

17. Approvers not to give testimony.

IS. Affirmation deemed sufficient, and false affirma-
tion deemed perjury.

Section 15. The party or parties injured shall, in all cases be competent wit-
nesses, unless he, she or they shall be rendered incompetent by reason of his, her

154

CRIMINAL JURISPRUDENCE.

or their infamy or other legal incompetency other than that of interest ; the credi-
bility of all such witnesses shall be left to the jury as in other cases.

Sec. 16. No black or mulatto person or Indian shall be permitted to give evi-
dence in favor or against any white person whatsoever. Every person who shall
have one-fourth part or more of negro blood shall be deemed a mulatto ; and every
person who shall have one-half Indian blood shall be deemed an Indian.

Sec. 17. Approvers shall not be allowed to give testimony.

Sec 18. The solemn affirmation of witnesses shall be deemed sufficient. A
false and corrupt affirmation shall subject the witness to all the penalties and pun-
ishment provided for those who commit wilful and corrupt perjury.

DIVISION IV.

CRIMES AGAINST THE GOVERNMENT
AND PEOPLE.

Section

19. Crimes against government, &c, what shall con-

stitute, and who may commit.

20. Treason, what shall constitute, and penalty

therefor ; persons guilty of overt act out of

Section

this State, may be arrested in this State, and
tried where arrested.
21. Misprision, what shall constitute, and penalty
therefor.

Section 19. Crimes against the government and people shall consist in treason
and misprision of treason, and can only be committed by persons owing allegiance
to the State.

Sec. 20. Treason shall consist in levying war against the government and peo-
ple of this State, in the same, or being adherent to the enemies of this State, giving
them aid, advice and comfort in this State or elsewhere. Any person being thereof
duly convicted of open deed by two or more witnesses or voluntary confession in
open court, shall suffer the pains and penalty of death ; and when the overt act of
treason shall be committed without the limits of this State, the person charged
therewith may be arrested, tried and punished in any county in this State, within
the limits of which he may be found ; and the offence may be charged to have been
committed in the county where he may be arrested.

Sec. 21. Misprisions of treason shall consist in the knowledge and concealment
of treason, without otherwise assenting to or participating in the crime. Any per-
son found guilty thereof shall be punished by confinement in the penitentiary for
any term not exceeding two years.

DIVISION V. OFFENCES AGAINST THE PERSONS OF

INDIVIDUALS.

Section
22. Murder, what shall constitute, and how may be
committed.

committed.
23. Express malice, what deemed.

Section

24. Implied malice, what deemed ; penalty for mur-

der.

25. Manslaughter, what constitutes, and how may

be committed.

CRIMINAL JURISPRUDENCE.

155

Section

26. Voluntary manslaughter, what shall be deemed

provocation therefor.

27. The killing must be the result of violent pas-

sion, and if reasonable interval occur between
provocation and act, to be considered deffber-
ate revenge, and punished as murder.

28. Involuntary manslaughter, what deemed: Pro-

viso, that when in the commission of an un-
lawful act or of felonious intent, the offence
to be deemed murder.

29. Punishment.

30. The killing, what shall make it murder or man-

slaughter.

31. Accused to be tried in county where the cause

of death was administered ; and if party killed
and party killing be in different counties when
cauje of death administered, accused may be
tried in either county.

32. Justifiable homicide, what shall be deemed.

33. Bare fear of offence not considered justification

for homicide.

34. Self-defence, what deemed.

35. Officer assaulted while serving process, when

justified in killing.

36. Justifiable homicide, further defined.

37. Excusable homicide, what deemed; but if

bounds of moderation be exceeded, and death
ensue, shall be considered manslaughter or mur-
der.

38. Other instances, when justifiable or excusable.

39. Homicide, when justifiable, person indicted

shall be acquitted.

Section

40. Mitigation, burden of proof in, to devolve on

accused.

41. When mother shall conceal death of illegitimate

issue, if born alive, whether it may have been
murdered or not, being convicted thereof, may
be imprisoned : Provided, mother may be in-
dicted for murder.

42. Distinction between petit treason and murder

abolished.

43. Duelling, how punished.

44. Challenging or accepting challenge, penalty there-

for.

45. Persons conveying challenge, how punished;

indictment, allegation thereof.

46. Poisoning, punishment for.

47. Mayhem, what deemed, and punishment therefor.

48. Rape, what constitutes, who deemed guilty, and
punishment therefor.

Emission not necessary to constitute rape.
Crime against nature, what deemed, and punish-
ment therefor.
Assault, what constitutes.

52. Assault, with intent to commit murder &c, how

punished ; with intent to inflict bodily injury,
how punished.

53. Assault and battery defined.

54. False imprisonment, what deemed, and how

punished.

55. Kidnapping defined.

56. Kidnapping, who may be guilty thereof, and pun-

ishment therefor.

57. Kidnapping further defined, and punishment

therefor.

49.
50.

51.

Section 22. Murder is the unlawful killing of ahuman being, in the peace of the
people, with malice aforethought, either express or implied. The unlawful killing
may be perpetrated by poisoning, striking, starving, drowning, stabbing, shooting,
or by any other of the various forms or means by which human nature may be over-
come and death thereby occasioned.

Sec 23. Express malice is that deliberate intention unlawfully to take away
the life of a fellow creature, which is manifested by external circumstances capable
of proof.

Sec 24. Malice shall be implied when no considerable provocation appears, or
when all the circumstances of the killing show an abandoned and malignant heart.
The punishment of any person or persons convicted of the crime of murder shall
be death.

Sec. 25. Manslaughter is the unlawful killing of a human being without malice
express or implied and without any mixture of deliberation whatever. It must be
voluntary, upon a sudden heat of passion, caused by a provocation apparently suffi-
cient to make the passion irresistible or involuntary, in the commission of an unlaw-
ful act, or a lawful act without due caution or circumspection.

Sec 26. In cases of voluntary manslaughter there must be a serious and highly
provoking injury inflicted upon the person killing, sufficient to excite an irresistible
passion in a reasonable person, or an attempt by the person killed to commit a seri-
ous personal injury on the person killing.

Sec 27. The killing must be the result of that sudden violent impulse of pas-
sion, supposed to be irresistible ; for if there should appear to have been an interval
between the assault or provocation given and the killing, sufficient for the voice of
reason and humanity to be heard, the killing shall be attributed to deliberate revenge,
and punished as murder.

Sec 28. Involuntary manslaughter shall consist in the killing of a human being
without any intent so to do, in the commission of an unlawful act, or a lawful act>

156 CRIMINAL JURISPRUDENCE.

which probably might produce such a consequence, in an unlawful manner : Pro-
vided, always, That where such involuntary killing shall happen in the commission
of an unlawful act, which in its consequences naturally tends to destroy the life of a
human being, or is committed in the prosecution of a felonious intent, the offence
shall be deemed and adjudged to be murder.

Sec. 29. Every person convicted of the crime of manslaughter shall be pun-
ished bv imprisonment in the penitentiary for a term not exceeding eight years.

Sec. 30. In order to make the killing either murder or manslaughter, it is requi-
site that the party die within a year and a day after the stroke received or the cause
of death administered ; in the computation of which, the whole of the day on which
the hurt was done shall be reckoned the first.

Sec 31. If the injury be inflicted in one county and the party die within ano-
ther county or without the State, the accused shall be tried in the county where the
cause of death was administered. And if the party killing shall be in one county
and the party killed be in another county, at the time the cause of death shall be
administered, the accused may be tried in either county.

Sec 32. Justifiable homicide is the killing of a human being in necessary self
defence or in the defence of habitation, property or person, against one who mani-
festly intends or endeavors by violence or surprise to commit a known felony, such
as murder, rape, robbery, burglary and the like, upon either person or property, or
against any person or persons who manifestly intend and endeavor, in a violent,
riotous or tumultuous manner, to enter the habitation of another for the purpose of
assaulting or offering personal violence to any person dwelling or being therein.

Sec 33. A bare fear of any of these offences, to prevent which the homicide is
alleged to have been committed, shall not be sufficient to justify the killing. It
must appear that the circumstances were sufficient to excite the fears of a reasonable
person, and that the party killing really acted under the influence of those fears and
not in a spirit of revenge.

Sec 34. If a person kill another in self defence, it must appear that the dan-
ger was so urgent and pressing, that in order to save his own life, or to -prevent his
receiving great bodily harm, the killing of the other was absolutely necessary ; and
it must appear also, that the person killed was the assailant, or that the slayer had
really and in good faith, endeavored to decline any further struggle before the mortal
blow was given.

Sec 35. If an officer in the execution of his office in a criminal case, having
legal process, be resisted and assaulted, he shall be justified if he kill the assailant.
If an officer or private person attempt to take a person charged with treason, mur-
der, rape, burglary, robbery, arson, perjury, forgery, counterfeiting or other crime,
denominated felony by the common law, and he or they be resisted in the endeavor to
take the person accused, and to prevent the escape of the accused by reason of such
resistance, he or she be killed, the officer or private person so killing shall be jus-
tified: Provided, That such officer or private person, previous to such killing, shall
have used all reasonable efforts to take the accused without success, and that from
all probability, there was no prospect of being able to prevent injury from sueh re-
sistance and the consequent escape of such accused person.

Sec 36. Justifiable homicide may also consist in unavoidable necessity, without
any will or desire, and without any inadvertence or negligence in the party killing.
An officer, who in the execution of public justice, puts a person to death in virtue
of a judgment of a competent court of justice, shall be justified. The officer must,

CRIMINAL JURISPRUDENCE. 157

however, in the performance of his duty, proceed according to the sentence and the
law of the land.

Sec. 37. Excusable homicide, by misadventure, is when a person in doing a
lawful act, without any intention of killing, yet unfortunately kills another ; as where
a man is at work with an axe and the head flies off and kills a bystander; or where
a parent is moderately correcting his child, or master his servant or scholar, or an
officer punishing a criminal, and happens to occasion death, it is only a misadven-
ture, for the act of correction was lawful ; but if a parent or master exceed the
bounds of moderation, or the officer the sentence under which he acts, either in the
manner, the instrument or quantity of punishment, and death ensue, it will be man-
slaughter or murder, according to the circumstances of the case.

Sec 38. All other instances which stand upon the same footing of reason and
justice as those enumerated, shall be considered justifiable or excusable homicide.

Sec 39. The homicide appearing to be justifiable or excusable, the person in-
dicted shall upon his trial be fully acquitted and discharged.

Sec 40. The killingbeing proved, the burden of proving circumstances of miti-
gation, or that justify or excuse the homicide, will devolve on the accused, unless
the proof on the part of the prosecution sufficiently manifests that the crime com-
mitted only amounts to manslaughter, or that the accused was justified or excused
in committing the homicide.

Sec 41. If any woman shall endeavor, privateby, either by herself or the pro-
curement of others, to conceal the death of any issue of her body, male or female,
which if born alive would be a bastard, so that it may not come to light,
whether it shall have been murdered or not, every such mother being convicted
thereof shall suffer imprisonment in the county jail for a term not exceeding one
year : Provided, however. That nothing herein contained shall be so construed as to
prevent such mother from being indicted and punished for the murder of such bas-
tard child.

Sec 42. The distinction between petit treason and murder is hereby abolished.
Any person who might have been indicted for petit treason, shall hereafter be indicted
for murder, and if convicted, be punished accordingly.

Sec 43. If any person hereafter shall wilfully and maliciously , or by agreement,
fighl a duel or single combat, with any engine, instrument or weapon, the probable
consequence of which might be the death of either party, and in so doing, shall kill
his antagonist, or any person or persons, or shall inflict such wound as that
the party injured shall die thereof within one year thereafter, every such offender,
his second, as well as the second of the person killed, and all aiders, abettors and
counsellors, being thereof duly convicted, shall be considered to have committed a
high misdemeanor, and shall be punished by confinement to labor in the penitentiary
for any term not exceeding five years, nor less than one year.

Sec 44. If any person shall hereafter challenge another to fight a duel with
any deadly weapon, or in any manner whatever, the probable issue of which might
result in the death of either ; or if any person shall accept a challenge or agree to
fight a duel, every person so offending shall, upon conviction thereof, be rendered
incapable of holding or being elected to any office of profit, trust or emolument,
either civil or military, under the government of this State, and be fined in a sum
not exceeding one hundred dollars.

Sec 45. If any person shall, willingly or knowingly, carry or deliver any
written challenge, or verbally deliver any message intended as or purporting to be a

158 CRIMINAL JURISPRUDENCE.

challenge, or shall be present at the fighting of any duel as aforesaid, as second or
aid, or give countenance thereto, such person being thereof duly convicted shall be
subject to the same fines and disabilities as are provided in the case of sending a
challenge as aforesaid. It shall not be necessary in an indictment against any per-
son or persons for fighting a duel, or against their seconds, aiders, abettors or coun-
sellors, or against any person for sending or accepting a challenge, or for carrying
any challenge, or delivering any message intended as or purporting to be a challenge,
or for being present at the fighting of any duel as a second, or for aiding or giving
countenance to any duel, or the sending or accepting any challenge, to specify the na-
ture or kind of the engine, instrument or weapon with which the duel shall be fought
or intended to be fought, so that it be alleged in the indictment, that the engine,
weapon or instrument was deadly, the probable consequence of fighting with which,
might be the death of either of the parties.

Sec 46. Every person who shall wilfully and maliciously administer, or cause
to be administered to, or taken by any person, any poison or other noxious or de-
structive substance or liquid, with the intention to cause 'the death of such person,
and being thereof duly convicted, shall be punished by confinement in the peniten-
tiary, for a term not less than one year, and not more than seven years. And every
person who shall administer, or cause to be administered or taken, any such poison,
substance or liquid, with the intention to procure the miscarriage of any woman then
being with child, and shall thereof be duly convicted, shall be imprisoned for a term
not exceeding three years in the penitentiary, and fined in a sum not exceeding one
thousand dollars.

Sec 47. Mayhem consists in unlawfully depriving a human being of a member
of his or her body, or disfiguring or rendering it useless. If any person shall
unlawfully cut out or disable the tongue, put out an eye, slit the nose, ear or lip,
or disable any limb or member of another, or shall voluntarily and of purpose, put
out an eye or eyes, every such person shall be guilty of mayhem, and on conviction,
shall be punished by confinement in the penitentiary, for a term not less than one
year nor more than three years : Provided, That no person shall be found guilty of
mayhem, where the fact occured during a fight had by consent, nor unless it appear
that the person accused shall have been the assailant, or that the party maimed had,
in good faith, endeavored to decline further combat. But in all other cases where
the fact shall happen in actual fight, the party accused, being thereof duly convict-
ed, shall be adjudged guilty of a high misdemeanor, and punished by imprison-
ment in the penitentiary not exceeding one year, and be fined not exceeding one
thousand dollars.

Sec 48. Rape is the carnal knowledge of a female, forcibly and against her
will. Every male person of the age of fourteen years and upwards, who shall have
carnal knowledge of any female child under the age of ten years, either with or
without her consent, shall be adjudged to be guilty of the crime of rape. Every
person convicted of the crime of rape, shall be punished by confinement in the
penitentiary for a term not less than one year, and may extend to life.

Sec 49. It shall not be necessary to prove emission to convict any person of
the crime of rape, or the crime against nature.

Sec 50. The infamous crime against nature, either with man or beast, shall
subject the offender to be punished by imprisonment in the penitentiary for a term
not less than one year, and may extend to life.

Sec 51. An assault is an unlawful attempt, coupled with a present ability, to
commit a violent injury on the person of another.

CRIMINAL JURISPRUDENCE.

159

Sec. 52. An assault, with an intent to commit murder, rape, mayhem, robbery
or larceny, shall subject the offender to confinement in the penitentiarjr for a term
not less than one year, nor more than fourteen years. An assault with a deadly
weapon, instrument or other thing, with an intent to inflict upon the person of
another, a bodily injury, where no considerable provocation appears, or where the
circumstances of the assault show an abandoned and malignant heart, shall be
adjudged to be a high misdemeanor, and any person thereof duly convicted, shall
be fined in a sum not exceeding one thousand dollars, and imprisoned not exceeding
one year in the county jail.

Sec 53. Assault and battery is the unlawful beating of another.

Sec. 54. False imprisonment is an unlawful violation of the personal liberty
of another, and consists in confinement or detention without sufficient legal authority.
Any person convicted of false imprisonment shall be fined in any sum not exceed-
ing five hundred dollars, or imprisoned not exceeding one year in the county jail.

Sec 55. Kidnapping is the forcible abduction or stealing away of a man, woman,
or child, from his or her own country and sending or taking him or her into
another.

Sec 56. Every person who shall forcibly steal, take or arrest any man, woman,
or child, whether white, black or colored, in this State, and carry him or her into
another country, State or territory, or who shalljbrcibly take or arrest any person
or persons whatsoever, with a design to take him or her out of this State, without
having established a claim according to the laws of the United States, shall, upon
conviction, be deemed guilty of kidnapping. Every person found guilty of kidnap-
ping, shall be confined in the penitentiary for a term not less than one year, and
not more than seven years, for each person kidnapped or attempted to be kidnapped.

Sec 57. Every person who shall hire, persuade, entice, decoy or seduce, by
false promises, misrepresentations and the like, any negro, mulatto or colored per-
son, not being a slave, to go out of this State, or to be taken or removed therefrom,
for the purpose and with the intent to sell such negro, mulatto or colored person
into slavery or involuntary servitude, or otherwise to employ him or her for his or
her own use, or to the use of another, without the free will and consent of such
negro, mulatto or colored person, any person so offending, shall be deemed to have
committed the crime of kidnapping, and upon conviction thereof, shall be punished
as in the preceding section.

DIVISION VI. CRIMES AND OFFENCES AGAINST
HABITATIONS AND OTHER BUILDINGS,

Section

68. Arson, what deemed, and punishment therefor.
59. Arson, further defined, and punishment there-
for.

Section

60. Burglary, what deemed, and punishment there-
for.

Sectiox 58. Every person who shall wilfully and maliciously burn, or cause to-
be burned, any dwelling house, kitchen, office, shop, barn, stable, store house, ware-

160 CRIMINAL JURISPRUDENCE.

house, malt house, stilling house, factory, mill, pottery or other building, the property
of any other person, or any church, meeting house, school house, state house, court
house, work house, jail or other public building, or any boat or other water craft, or
any bridge of the value of fifty dollars, erected across any of the waters of this State,
such person, so offending, shall be deemed guilty of arson, and upon conviction
thereof, shall be punished by imprisonment in the penitentiary for a term not less
than one year nor more than ten years ; and should the life or lives of any per-
son or persons be lost in consequence of any such burning as aforesaid, such
offender shall be deemed guilty of murder, and shall be indicted and punished ac-
cordingly.

Sec. 59. Every person who shall wilfully and maliciously set fire to any of
the buildings or other property described in the foregoing section, with intent to
burn or destroy the same, shall be deemed guilty of a high misdemeanor, and upon
conviction thereof, shall be imprisoned in the penitentiary for a term not exceeding
two years, and be fined in a sum not exceeding five hundred dollars.

Sec. 60. Every person who shall, in the night time, wilfully and maliciously
and forcibly break and enter, or wilfully and maliciously without force, (the doors
or windows being open,) enter into any dwelling house, kitchen, office, shop, store
house, warehouse, malt house, stilling house, mill, pottery, factory, water craft,
church or meeting house, with intent to commit murder, robbery, rape, mayhem,
larceny or other felony, shall be deemed guilty of burglary, and upon conviction
thereof shall be punished by confinement in the penitentiary for a term net less
than one year nor more than ten years.

DIVISION VII. CRIMES AND OFFENCES RELATIVE

TO PROPERTY.

Section i Section

Cl. Robbery, its definition, and punishment there- 68. Destroying any deed, lease or bond, how pun-

for.

62. Larceny, its definition, and punishment there-

for.

63. Stolen goods, buying or receiving, and punish.

ment therefor.

64. Right of owner to stolen property.

Co. Altering brands, marks, &c., with felonious in-
tent, how punished.

66. Embezzlement, how punished.

67. Defalcations of persons intrusted by law, to

collect, disburse, receive or safely keep any
moneys for public purposes, how punished.

isked.

69. Landmarks, punishment for altering or remo-

ving.

70. Embezzlement by clerk, apprentice or servant,

deemed larceny, and punished accordingly.

71. Bailee, converting money, &c, to his own use,

deemed guilty of larceny, and punished accord-
ingly.

72. Lodger embezzling property which he or she is

to use, deemed guilty of larceny, and pun-
ished accordingly.

Section 61. Robbery is the felonious and violent taking of money, goods or
other valuable thing, from the person of another, by force or intimidation. Every
person guilty of robbery shall be punished by confinement in the penitentiary for a
term not less than one year nor more than fourteen years.

Sec. 62. Larceny is the felonious stealing, taking and carrying, leading, riding
or driving away the personal goods of another. Larceny shall embrace every
theft which deprives another of his money or other personal property, or those
means, or muniments by which the right and title to property, real or personal,
may be ascertained. Private stealing from the person of another, and from a house

CRIMINAL JURISPRUDENCE. 161

in the day time, shall be deemed larceny : Larceny may be also committed by felo-
niously taking and carrying away any bond, bill, note, receipt, or any instrument of
writing of value to the owner. Every person convicted of larceny, shall be pun-
ished by confinement in the penitentiary, for a term not less than one year, and not
more than ten years.

Sec. 63. Every person who for his own gain, or to prevent the owner from
again possessing his property, shall buy or receive stolen goods,- or any thing, the
stealing of which is declared to be larceny, or property obtained by robbery or bur-
glary, knowing the same to have been so obtained, shall, upon conviction, be punished
by confinement in the penitentiary, for any term not less than one year, nor more
than ten years, and every such person may be tried, convicted and punished, as
well before as after the trial of the principal. No person convicted of larceny, or
of buying or receiving goods or other things obtained by larceny, burglary or rob-
bery, shall be condemned to the penitentiary, unless the money or the value of the
tiling stolen, bought or received, shall amount to five dollars.

Sec 64. All property obtained by larceny, robbery or burglary, shall be res-
tored to the owner, and no sale, whether in good faith on the part of the purchaser
or not, shall divest the owner of his right to such property. Such owner may
maintain his action, not only against the felon, but against any person in whose pos-
session he may find the same.

Sec 65. Every person who shall mark or brand, alter or deface the mark or
brand of any horse, mare, colt, jack, jennett, mule or any one or more head of neat
cattle or sheep, goat, hog, shoat or pig, not his or her own property, but belonging
to some other person, with intent thereby to steal the same, or to prevent identifica-
tion thereof by the true owner, shall, on conviction thereof, be punished by con-
finement in the penitentiary, for a term not less than one year, nor more than three
years : Provided, That no person shall be condemned to the penitentiary under
this section, unless the value of the property affected shall amount to five dollars.
And in case the value of the property affected by the offences herein described, or
by larceny, or by buying or receiving goods or other property obtained by larceny,
robbery or burglary shall not amount to five dollars, then the offender shall be pun-
ished by imprisonment in the county jail, for a term not exceeding three months,
and fined not exceeding fifty dollars.

Sec 66. Every servant, officer or person employed in any public department,
station or office of the government of this State, or any county of this State, or in
any office of a corporate body, who shall embezzle, steal, secrete or fraudulently
take and carry away any money, goods, chattels, effects, book or books of record
or of account, bond or bonds, promissory note or notes, bank bills or notes, or any
other writing or secuiity for the payment of money or property, of whatever de-
scription it may be, being the property of said State, county or corporate body,
shall, on conviction, be punished by confinement in the penitentiary, for a term not
less than one year nor more than ten years.

Sec 67. If any officer or person who now is, or hereafter may be entrusted by
law to collect, disburse, receive or safely keep, any money or moneys, revenue or
revenues belonging to this State, to the school fund of this State, to the school fund
of any county or township, to any county in this State, to any canal, turnpike or
railroad fund of this State, or any county thereof, or to any fund for the improve-
ment of any public road, river, creek or other water course, bordering on or within
this State, or to any other fund, now in being, or hereafter to be established by law
11

162 CRIMINAL JURISPRUDENCE.

for public purposes, and who shall fail or refuse to pay over all moneys, warrants,
bills, notes and orders which any such officer or person shall receive for disburse-
ment, and has not disbursed, or shall collect, or shall receive, or shall receive for
safe keeping, belonging to this State, to any county of this State, or to any such
fund as aforesaid, when such officer or person shall be thereto required by law,
and demand duly made by the successor or successors of such officer or person in
office, or by the officer or person to whom such moneys, warrants, bills, notes or
orders, ought by law to be paid over, or his or their attorney or agent duly author-
ized, in writing, signed and acknowledged, if such demand be practicable ; every
such officer or person shall, on conviction thereof, be punished by confinement in
the penitentiary, for any term not less than one year, nor more than ten years :
Provided, That no person shall be committed to the penitentiary under this section,
unless the money not paid over shall amount to one hundred dollars, if it appear
that such failure or refusal shall be occasioned by unavoidable loss or accident.
Every person convicted under the provisions of this section, shall forever thereaf-
ter be ineligible and disqualified from holding any office of honor or profit in this
State.

Sec. 68. Every person who shall fraudulently or maliciously tear, burn, efface,
cut or in any other way destroy any deed, lease, bond, will or any other writing sealed,
or any bank bill or note, check, warrant for the payment of money or other thing,
or other security for the payment of money or the delivery of goods, or any certi-
ficate or other public security of this State or of the United States, or any of them
for the payment of money, or any receipt, acquittance, release, defeasance, dis-
charge of any debt, suit or other demand or any transfer or assurance of money,
stock, goods, chattels or other property, or any letter of attorney or other power, or
any day-book or other book of account, or any agreement or contract whatsoever,
with intent to defraud, prejudice or injure any person or body corporate, shall,
upon conviction thereof, be punished by confinement in the penitentiary, for a term
not less than one year, nor more than five years.

Sec. 69. Every person who shall, knowingly, maliciously and fraudulently, cut,
fell, alter or remove any certain boundary tree or other allowed land mark, to the
wrong of his neighbor or any other person, shall, on conviction thereof, pay a
fine not exceeding one hundred dollars, or be imprisoned in the county jail, for a
term not exceeding three months.

Sec. 70. If any clerk, apprentice or servant, whether bound or hired, to whom
any money, bank bill or note, or goods or chattels shall le entrusted or delivered by
his or her master or mistress, shall withdraw himself or herself from his or her
master or mistress, and go away with the said money, bank bill, or note or goods
or chattels, or any part thereof, with intent to steal the same, "and defraud his or her
master or mistress thereof, contrary to the trust and confidence in him or her
reposed by his or her said master or mistress, or being in the service of his or her
said master or mistress, shall embezzle the said money, bank bill or note, goods or
chattels, or any part thereof, or otherwise shall convert the same to his or her
own use, with like purpose to steal the same, every such person so offending shall
be deemed guilty of larceny, and be punished accordingly.

Sec. 71. If any bailee of any money, bank bill or note, or goods or chattels,
shall convert the same to his or her own use, with an intent to steal the same, he
shall be deemed guilty of larceny in the same manner as if the original taking had
been felonious, and on conviction thereof, shall be punished accordingly.

CRIMINAL JURISPRUDENCE.

163

Sec. 72. If any lodger shall take away, with intent to steal, embezzle or pur-
loin, any bedding, furniture, goods or chattels, which he or she is to use, in or with
his or her lodging, he or she shall be deemed guilty of larceny, and on conviction
shall be punished accordingly.

DIVISION VIII. FORGERY AND COUNTERFEITING

Section

73. Counterfeiting and forgery, how punished.

74. Gold or silver coin, counterfeiting or passing

with intent to defraud, how punished.

75. Keeping in possession any counterfeit gold or

silver coin, with intent to defraud, how pun-
ished.

Passing or receiving from any other person, any
forged note, bill, &c.3 with intent to pass, how
punished.

Passing or uttering, or having in possession,

76.

77.

Section

with intent to pass, &c, any fictitious bill, &c,
forgery, and punished accordingly.

78. Making or having in possession any die, plate

or other apparatus for counterfeiting coin or
bank notes, how punished.

79. On trial of person for forging bill or note of in-

corporated company, act of incorporation may
be proved by general reputation.

80. Who may be witnesses.

81. Seal of State, or of any court, &c, when forged

or counterfeited, how offender punished.

Section. 73. Every person who shall falsely make, alter, forge or counterfeit any
record, or other authentic matter of a public nature, or any charter, letters patent,
deed, lease, indenture, writing obligatory, will, testament, codicil, annuity, bond,
covenant, bank bill or note, post note, check, draft, bill of exchange, contract, pro-
missory note, due bill for the payment of money or property, receipt for money or
property, power of attorney, any auditor's warrant for the payment of money at
the treasury, county order, or any accountable receipt, or any order or warrant, or
request for the payment of money or the delivery of goods or chattels of any kind,
or for the delivery of any instrument of writing or acquittance, release or receipt
for money or goods, or any acquittance, release or discharge for any debt, account,
action, suit, demand or other thing real or personal, or any transfer or assurance of
money, stock, goods, chattels or other property whatever, or any letter of attorney or
other power to receive money, or to receive or transfer stock or annuities, or to
let, lease, dispose of, alien or convey any goods or chattels, lands or tenements, or
other estate, real or personal, or any acceptance or indorsement of any bill of ex-
change, promissory note, draft or order, or assignment of any bond, writing
obligatory or promissory note, for money or other property ; or shall counterfeit or
forge the seal or hand writing of another, with intent to damage or defraud anv
person or persons, body politic or corporate, whether the said person or persons,
body politic or corporate reside in, or belong to this State or not ; or shall utter,
publish, pass or attempt to pass as true and genuine, or cause to be uttered, pub-
lished, passed or attempted to be passed as true and genuine, any of the above
named false, altered, forged or counterfeited matters, as above specified and des-
cribed, knowing the same to be false, altered, forged or counterfeited, with intent
to prejudice, damage or defraud any person or persons, body politic or corporate,
whether the said person or persons, body corporate and politic reside in this State
or not ; every person so offending, shall be deemed guilty of forgery, and upon
conviction thereof, shall be punished by confinement in the penitentiary, for a term
not less than one year, nor more than fourteen years.

164 CRIMINAL JURISPRUDENCE.

Sec. 74. Every person who shall counterfeit any of the species of gold or
silver coin now current, or that shall hereafter be current in this State, or shall
pass or give in payment, or offer to pass or give in payment such counterfeited
coin or permit, cause or procure the same to be altered or passed, with intention
to defraud any person, body politic or corporate, knowing the same to be counter-
feited, shall be deemed guilty of counterfeiting, and being thereof duly convicted,
shall be punished by confinement in the penitentiary, for a term not less than one
year, nor more than fourteen years.

Sec. 75. Every person who shall have in his or her possession, or receive for
any other person, any counterfeit gold or silver coin or coins,- of the species now
current or hereafter to be current in this State, with intention to utter or pass the
same, or to permit, cause or procure the same to be uttered or passed, with inten-
tion to defraud any person or persons, body politic or corporate, knowing the same
to be counterfeit, and being thereof duly convicted, shall be punished by confine-
ment in the penitentiary, not less than one, nor more than fourteen years.

Sec 76. Every person who shall have in his or her possession, or shall re-
ceive from any other person, any forged promissory note or notes, or bank bill or
bills for the payment of money, with intention to utter or pass the same, or to per-
mit, cause or procure the same to be uttered or passed, with intention to defraud
any person or persons, body corporate or politic, whether such person or persons,
body corporate or politic, reside in or belong to this State or not, knowing the same
to be forged or counterfeited, or shall have or keep in his possession any blank or
unfinished note or bank bill, made in the form or similitude of any promissory note
or bill for payment of money, made to be issued by any incorporated bank or bank-
ing company in this State or elsewhere, with intention to fill up and complete such
blank and unfinished note or bill, or to permit or cause or procure the same to be
filled up and completed, in order to utter or pass the same, or to permit or cause or pro-
cure the same to be uttered or passed, to defraud any person or persons, body politic
or corporate, whether in this State or elsewhere, shall, upon conviction thereof, be
punished by confinement in the penitentiary, for a term not less than one year nor
more than fourteen years.

Sec 77. Every person who shall make, pass, utter or publish, with an intention to
defraud any other person or persons, body politic or corporate, either in this State or
elsewhere, or with like intention shall attempt to pass, utter or publish, or shall have
in his or her possession, with like intent to pass, utter or publish, any fictitious bill,
note or check purporting to be the bill, note or check or other instrument of writing
for the payment of money or property of some bank, corporation, co-partnership or
individual, when in fact there shall be no such bank, corporation, co-partnership or
individual in existence, the said person knowing the said bill, note, check or instru-
ment of writing for the payment of money or property to be fictitious, shall be
deemed guilty of the crime of forgery, and on conviction thereof, shall be punished
by confinement in the penitentiary, for a term not less than one nor more than four-
teen years.

Sec 78. Every person who shall make or knowingly have in his possession,
any die or dies, plate or plates, or any apparatus, paper, metal, machine or other
thing whatever, made use of in counterfeiting the coin now current or hereafter to
be current in this State, or in counterfeiting bank notes or bills, whether such bank
be situate in this State or not, upon conviction thereof, shall be punished by confine-
ment in the penitentiary, for a term not less than one year nor more than fourteen

CRIMINAL JURISPRUDENCE.

165

years ; and all such dies, plates, apparatus, paper, metal or machines, intended for
the purposes aforesaid, shall be destroyed.

Sec. 79. On the trial of any person for forging any bill or note, purporting to
be Ihe bill or note of some incorporated company or bank, or for passing or attempt-
ing to pass, or having in possession with intent to pass, any such forged bill or note,
it shall not be necessary to prove the incorporation of such bank or company by the
charter or act of incorporation, but the same may be proved by general reputation.

Sec. 80. Persons of skill shall be competent witnesses to prove that such bill
or note is forged or counterfeited.

Sec 81. Every person who shall fraudulently forge, deface, corrupt or coun-
terfeit the seal of this State, or the seal of any court or public officer by law entitled
to have and use a seal, and shall make use of the same, or shall forge or counterfeit
the signature of any public officer, or shall unlawfully and corruptly, or with evil
intent, affix any of the said true seals to any commission, deed, warrant, pardon, certifi-
cate or other writing, or who shall have in his possession or custody any such coun-
terfeited seal, and shall wilfully conceal the same, knowing it to be falsely made and
counterfeited, and shall thereof be eonvdeted, shall be punished by confinement in
the penitentiary, for a term not less than one nor more than fourteen years.

DIVISION IX. CRIMES AND OFFENCES AGAINST
PUBLIC JUSTICE.

Section

82. Perjury defined, and how punished.

83. Procuring conviction and execution of inno-

cent person by perjury or subornation of per-
jury, punishable with death.

84. In indictment for perjury, what maybe set forth.

85. Bribery, how punished.

86. Bribery, further defined, and how punished.

87. Bribery, finable in certain cases.

88. Any judge, justice, &c, who shall steal, embez-

zle, &c, any record, process, &c, or shall
knowingly take off any issue, forfeited recog-
nizance, &c, or shall forge any document, how
punished.

89. Jailer, inhumanity of, how punished.

90. Officer withholding the records, &c, appertaining

to his office from successor, or mutilating or
destroying same, how punished.

91. False personation, how punished.

92. Resisting or assaulting oliicer in service of pro-

cess, how punished.

93. Penalty for rescuing in certain cases.

94. Further penalty for setting criminal at liberty in

certain cases.

95. When warden of penitentiary, &.c, shall fraudu-

lently contrive, procure, or voluntarily suffer
the escape of any convict, how punished.

When warden of penitentiary,&c, shall negligent-
ly suffer convict to be at large, shall be fined.

When any person shall convey to any convict
any tool, &c, to assist his escape, how punished.

96,

97.

101.

102.

Section

98. Rescuing person in legal custody on civil pro-

cess, how punished.

99. Assisting prisoner to escape from jail, how pun-

ishable.
100. Assisting prisoner to escape, or rescuing pris-
oner from custody, how punished.

If any sheriff; coroner, &c, having prisoner in
legal custody, shall voluntarily sutler him to
escape, how punished.

When sheriff; &c, shall wilfully refuse to receive
or arrest any person charged with crime, how
punished.

103. Compounding criminal offence, finable.

104. Conspiracy to charge with criminal offence,

how punished.

105. Penalty for assuming right to exercise office.

106. Embracery, what constitutes, and how pun-

ished.

1 07. Barratry, what deemed, and penalty therefor.

108. Maintenance, what deemed, and penalty there-

for.

109. If any judge, justice of the peace, &c, shall re-

ceive fee except as allowed by law, he shall be
deemed guilty of extortion, and fined.

110. Omission of duty, malfeasance, &c, or other

misconduct, by clerk, sheriff' or other public
officer, punishable by fine and removed from
office ; vacancy, how filled.
Threatening to accuse of crime, or to injure
person or property, how punished.

ill.

Section 82. Every person having taken a lawful oath, or made affirmation in
any judicial proceeding, or in any other matter where by law, an oath or affirms-

166 CRIMINAL JURISPRUDENCE.

tion is required, who shall swear or affirm, wilfully, corruptly and falsely, in a
matter material to the issue or point in question, or shall suborn any other person
to swear or affirm as aforesaid, shall be deemed guilty of perjury or subornation
of perjury, (as the case may be,) and upon conviction thereof, shall be punished
by confinement in the penitentiary, for a term not less than one year, nor more than
fourteen years.

Sec. 83. Every person who by wilful and corrupt perjury or subornation of
perjury, shall procure the conviction and execution of any innocent person, shall
be deemed and adjudged guilty of murder, and upon conviction thereof, shall suffer
the punishment of death.

Sec. 84. In every indictment for perjury or subornation of perjury, it shall be
sufficient to set forth the substance of the offence charged upon the defendant, and
before what court or authority the oath or affirmation was taken, averring such
court or authority to have had full power to administer the same, together with the
proper averment or averments to falsify the matter or matters wherein the perjury
is assigned, without setting forth any part of the record or proceedings, either in
law or equity, other than as aforesaid, and without setting forth the commission or
authority of the court or other authority before whom the perjury was, committed,
or the form of the oath or affirmation, or the manner of administering the same.

Sec 85. If any person or persons shall, directly or indirectly, give any sum or
sums of money, or any other bribe, present or reward, or any promise, contract,
obligation or security, for the payment or delivery of any money, present, reward
or any other thing, to obtain or procure the opinion, judgment or decree of any
judge or justice of the peace, acting within this State, or to corrupt, induce or in-
fluence such judge or justice of the peace to be more favorable to one side than to
the other, in any suit, matter or cause depending or to be brought before him or
them, or shall, directly or indirectly, give any sum or sums of money, present or
reward, or any promise, contract, obligation or security for the payment or delivery
of any money, present or reward, or other thing, to obtain, procure or influence
the vote of any member of the General Assembly, or to incline, induce or influence
any such member of the General Assembly to be more favorable to one side than
the other, on any question, election, matter or thing pending, or to be brought be-
fore the General Assembly, or either house thereof, the person so giving any money,
bribe, present or reward, promise, contract, obligation or security, with intent and
for the purpose aforesaid, and the judge, justice of the peace, or member of the
General Assembly, who shall in anywise accept or receive the same, shall be
deemed guilty of bribery, and on conviction, shall be punished by confinement in
the penitentiary, not less than one year nor more than five years.

Sec 86. If any person shall, directly or indirectly, give any sum or sums of
money, or any other bribe, present or reward, or any promise, contract, obliga-
tion or security for the payment of any money, present or reward, or any other
thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer,
attorney general or State's attorney, member of the General Assembly or other
officer, ministerial or judicial, (but such fees as are allowed by law,) with intent
to induce or influence such officer to appoint any person to office, or to execute any
of the powers in him vested, or perform any duty of him required, with partiality
or favor, or otherwise than is required by law, or in consideration that such officer
hath appointed any person to any office, or exercised any power in him vested, or
performed any duty of him required, with partiality or favor, or otherwise contrary

CRIMINAL JURISPRUDENCE. 167

to law, the person so giving, and the officer so receiving any money, bribe, present,
reward, promise, contract, obligation or security, with intent, or for the purpose or
consideration aforesaid, shall be deemed guilty of bribery, and on conviction, shall
be punished by confinement in the penitentiary, for a term not less than one year,
nor more than five years.

Sec. 87. Every person who shall offer, or attempt to bribe any member of the
General Assembly, judge, justice of the peace, sheriff, coroner, clerk, constable,
jailer, attorney general, State's attorney or other ministerial or judicial officer, in
any of the cases mentioned in either of the two preceding sections ; and every mem-
ber of the General Assembly, judge, justice of the peace, sheriff, coroner, clerk,
constable, jailer, attorney general, State's attorney or other ministerial or judicial
officer, who shall propose or agree to receive a bribe in any of the cases mentioned
in either of the two preceding sections, shall, on conviction, be fined in a sum not
exceeding five hundred dollars.

Sec. 88. If any judge, justice of the peace, sheriff, coroner, clerk, recorder or
other public officer, or any person whatsoever, shall steal, embezzle, alter, corrupt,
withdraw, falsify or avoid any record, process, charter, gift, grant, conveyance,
bond or contract, or shall knowingly and wilfully take off, discharge, or conceal
any issue, forfeited recognizance, or other forfeiture, or shall- forge, deface or fal-
sify any document or instrument recorded, or any registry, acknowledgment or certi-
ficate, or shall alter, deface or falsify any minute, document, book or any procee-
ding whatever, of, or belonging to any public office within this State, the person so
offending and being thereof duly convicted, shall be punished by confinement in the
penitentiary, for a term not less than one year, nor more than seven years.

Sec. 89. Every jailer who shall be guilty of wilful inhumanity or oppression, to
any prisoner under his care or custody, shall be fined in any sum not exceeding five
hundred dollars, and be removed from office.

Sec 90. If any officer, whose office shall be abolished by law, or who after
the expiration of the time for which he may be appointed or elected, or after he
shall have resigned or been legally removed from his office, shall wilfully and un-
lawfully withhold or detain from his successor or other person entitled thereto by
law, the records, papers, documents or other writing appertaining or belonging to
his office, or mutilate, destroy or take away the same, the person so offending shall,
on conviction, be punished by confinement in the penitentiary, for a term not less
than one year, nor more than five years. The provisions of this section shall apply
to any person or persons who shall have such records, documents, papers or other
writings, in his, her or their possession, and who shall wilfully mutilate, destroy,
withhold or detain the same as aforesaid.

Sec 91. If any person shall, without due authority so to do, acknowledge or
confess, or procure to be acknowledged or confessed, any fine, common recovery,
deed, bond, power of attorney, mortgage, recognizance, bail or judgment, in the
name of any other person, by personating any such other person, the person so
offending, on conviction thereof, shall be punished by confinement in the peniten-
tiary, for any term not less than one year, nor more than ten years.

Sec 92. If any person shall, knowingly and wilfully, obstruct, resist or oppose
any sheriff, deputy sheriff, coroner, constable or other officer of this State, or other
person duly authorized, in serving or attempting to serve any lawful process or
order of any court, judge or justice of the peace, or any other legal process Avhat-
soever, or shall assault or beat any sheriff, deputy sheriff, coroner, constable or

168 CRIMINAL JURISPRUDENCE.

other officer, or person duly authorized in serving or executing, or attempting to
serve or execute any process or order aforesaid, or for having served or executed,
or attempted to serve or execute the same, every person so offending shall be fined
in any sum not exceeding five hundred dollars, and imprisoned, for a term not ex-
ceeding one year : Provided, Any officer or person whatever that may or shall as-
sault or beat any individual under color of his commission or authority, without
lawful necessity so to do, shall, on conviction, suffer the same punishment.

Sec 93. If any person or persons shall set at liberty, or rescue any person
who shall have been found guilty or convicted of a crime, the punishment of which
is death, such person, on conviction thereof, shall be punished by confinement in the
penitentiary, for a term not less than one year, nor more than fourteen years ; and
if any person or persons shall set at liberty, or rescue any person who shall have
been found guilty, or convicted of a crime, the punishment of which is confinement
in the penitentiary, whether such person be in custody of an officer, or in the pen-
itentiary, the person so offending, on conviction thereof, shall be sentenced to the
same punishment that would have beensinflicted on the person so set at liberty or
rescued.

Sec. 94. If any person shall set at liberty, or rescue any person who before
conviction stands charged or committed for any capital offence, or any crime pun-
ishable by confinement in the penitentiary, such person so offending, shall be, on
conviction, fined in a sum not exceeding one thousand dollars, and imprisoned in
ihe penitentiary, for a term not exceeding three years ; and if the person rescued or
set at liberty stands charged, committed or convicted of any misdemeanor, or other
offence punishable by fine or imprisonment, or both, the person convicted of such
rescue or setting at liberty, shall suffer the same punishment that would have been
inflicted on the person rescued or set at liberty, if he or she had been found guilty.

Sec 95. If the warden of the penitentiary, or any servant, officer or agent,
belonging to, or in employment at the same, or any sheriff, deputy sheriff or jailer,
or any person employed by them as a guard, shall fraudulently contrive, procure,
aid, connive at or otherwise voluntarily suffer the escape of any convict in custody,
or in said penitentiary committed, every such person, on conviction, shall be pun-
ished by confinement in said penitentiary — to solitary confinement for a term not
exceeding three months, and by confinement to hard labor for a term not exceeding
ten years.

Sec 96. If the warden of the penitentiary, or other person as aforesaid, shall
negligently suffer any convict committed, or in custody as aforesaid, under sentence
of solitary imprisonment, to be at large without the cell or apartment assigned to
such convict, or to be there visited, conversed with, comforted or relieved, contrary
to the rules and regulations of the penitentiary, or shall negligently suffer such
convict, or any other convict committed to the penitentiary, under sentence of con-
finement to hard labor, to be at large without the precincts of the penitentiary, or
contrary to the rules and regulations thereof, to be out of close confinement, the
warden or other person neglecting his duty in the premises, being thereof duly
convicted, shall be punished by fine, not exceeding two hundred dollars.

Sec 97. If any person shall convey to any convict in custody, or committed to
the penitentiary, into the penitentiary, or other place where such convict may be
confined, any tool, weapon or other aid, with intent to enable such convict to escape
such custody or confinement, whether such escape be effected or not, every person
so offending, on conviction thereof, shall be punished by fine, not exceeding five hun-
dred dollars, and imprisonment in the penitentiary, not exceeding six months.

CRIMINAL JURISPRUDENCE. 169

Sec. 98. If any person or persons shall rescue another in legal custody, on
civil process, such person or persons shall, on conviction, be fined in any sum not
exceeding the sum for which said civil process issued.

Sec 99. If any person shall aid or assist a prisoner lawfully committed or
detained in any jail for any offence against this State, or who shall be lawfully con-
fined by virtue of any civil process, to make his or her escape from jail, though no
escape be actually made, or if any person shall convey, or cause to be delivered to
such prisoner, any disguise, instrument or arms, proper to facilitate the escape of such
prisoner, any person so offending, (although no escape or attempt to escape be
actually made,) shall, on conviction, be punished by fine, not exceeding five hundred
dollars, and imprisonment in the county jail, for a term not exceeding one year.

Sec 100. If any person shall aid or assist any prisoner to attempt to escape,
or shall rescue or attempt to rescue any prisoner from the custody of any sheriff,
deputy sheriff, coroner, constable, officer or other person, who shall have the lawful
custody of such prisoner, every person so offending, shall, upon conviction thereof,
be fined not exceeding one thousand dollars, and imprisoned in the county jail, not
exceeding one year.

Sec 101. If any sheriff, coroner, jailer, keeper of a prison, constable or other
officer or person whatever, having any prisoner in his legal custody, before convic-
tion, shall voluntarily suffer or permit such prisoner to escape or go at large, every
such officer or person so offending, shall, on conviction, be fined in any sum not
exceeding one thousand dollars, and imprisoned in the county jail, for any term not
exceeding six months : Provided, That if such prisoner be in custody charged with
murder or other capital offence, then such officer or person suffering or permitting
such escape, shall be punished by confinement in the penitentiary, for any term not
less than one year, nor more than ten years. A negligent escape of a person
charged with a criminal offence, before conviction, from the custody of any of the
aforesaid officers, shall be deemed a misdemeanor, and punished by fine, not exceed-
ing five hundred dollars.

Sec 102. If any sheriff, coroner, keeper of a jail, constable or other officer,
shall wilfully refuse to receive or arrest any person charged with a criminal offence,
then such sheriff, coroner, jailer, constable or other officer, shall, on conviction, be
fined, not exceeding five hundred dollars, and imprisoned, not exceeding six months,
in the common jail.

Sec 103. If any person shall take money, goods, chattels, lands or other reward,
or promise thereof, to compound any criminal offence, such person or persons shall
be fined, in double the sum or value of the thing agreed for or taken, but no person
shall be debarred from taking his goods or property from the thief or felon, or
receiving compensation for the private injury occasioned by the commission of any
such criminal offence.

Sec 104. If any two or more persons shall conspire or agree, falsely and ma-
liciously to charge or indict, or cause or procure to be charged or indicted, any
person for any criminal offence, each of the persons so offending, shall, on conviction,
be fined, in any sum not exceeding one thousand dollars, and imprisoned, not
exceeding one year.

Sec 105. If any person shall take upon himself to exercise or officiate in any
office or place of authority in this State, without being lawfully authorized thereto,
he shall, upon conviction, be fined in any sum not exceeding two hundred dollars.

170 CRIMINAL JURISPRUDENCE.

Sec 106. Embracery is an attempt to influence a juror or jurors corruptly to
one side, by threats or menaces, or by promises, persuasions, entreaties, money,
entertainments and the like. Every embracer who shall procure any juror to take
money, gain or profit, or shall corruptly influence any juror by persuasions, prom-
ises, entreaties, or by any other improper means, or shall threaten or menace any
juror, shall be fined, not exceeding five hundred dollars, and imprisoned in the pen-
itentiary, not exceeding one year. And any juror convicted of taking money, gain
or profit, or corruptly being influenced as aforesaid, shall suffer the like punishment,
and be forever disqualified to act as a juror. This section shall apply as well to
the grand as the petit jurors.

Sec. 107. If any person or persons shall wickedly and wilfully excite and stir
up any suits or quarrels between the people of this State, either at law or otherwise,
with a view to promote strife and contention, every such person so offending, shall
be deemed to have committed the crime of common barratry, and upon conviction
thereof shall be fined, in any sum not exceeding one hundred dollars ; and if he be
an attorney or counsellor at law, he shall be suspended from the practice, for any
time not exceeding six months.

Sec 108. If any person shall officiously intermeddle in any suit at common
law or in chancery, thatin nowise belongs to or concerns such person, by maintain-
ing or assisting either party with money or otherwise, to prosecute or defend such
suit, with a view to promote litigation, every such person, so offending, shall be
deemed to have committed the crime of maintenance, and upon conviction thereof
shall be fined and punished as in cases of common barratry: Provided, That it
shall not be considered maintenance for a man to maintain the suit of his kinsman or
servant or poor neighbor out of charity.

Sec 109. If any judge, justice of the peace, sheriff, coroner, constable, clerk
or other officer of this State, ministerial or judicial, shall wilfully or corruptly
receive or take any fee or reward, to execute or do his duty as such officer, except
such as is or shall be allowed by law, or if any such officer shall wilfully or cor-
ruptly ask or demand as a condition precedent to the performance of his duty as such
officer, any fee or reward, except such as shall be allowed by law, every such
officer so offending, shall be deemed guilty of extortion, and on conviction thereof,
shall be fined, in any sum not exceeding two hundred dollars.

Sec 110. Every clerk, sheriff, coroner, constable, county commissioner, justice
of the peace, recorder, county surveyor, attorney general or State's attorney, who
shall be guilty of any palpable omission of duty, or who shall wilfully and corruptly
be guilty of oppression, malfeasance or partiality in the discharge of his official
duties, shall, upon conviction thereof, be fined, in a sum not exceeding two hundred
dollars, and the court shall have power, upon the recommendation of the jury, to
add to the judgment of the court, that any officer so convicted, shall be removed
from office. The court shall have power whenever any clerk of the circuit court,
attorney general or State's attorney, shall be presented or indicted, to appoint for that
occasion, a prosecuting attorney or clerk, as the case may require, who shall thereby
be invested, in relation to such presentment or indictment, with all the powers of
clerk or attorney general or State's attorney. It shall be the duty of the court,
when the judgment shall extend to removal from office, to cause immediate notice
of such removal to be given to the proper department, in order that the vacancy
thus occasioned may be filled.

Sec 111. If any person shall, knowingly send or deliver any letter or writing,
threatening to accuse another of a crime or misdemeanor or to expose or publish

CRIMINAL JURISPRUDENCE.

171

any of his infirmities or failings, with intent to extort money, goods, chattels or
other valuable things, or threatening to maim, wound, kill or murder, or to burn
or destroy his or her house or other property, or to accuse another of a crime or
misdemeanor, or expose or publish any of his or her infirmities or failings, though
no money, goods, chattels or valuable thing be demanded, such person so offending,
shall, on conviction, be fined in a sum not exceeding five hundred dollars and impri-
soned, not exceeding six months.

DIVISION X. OFFENCES AGAINST THE PUBLIC
PEACE AND TRANQUILLITY.

Section

112. Disturbing the peace, how punished.

113. Persons assembling to disturb the peace, refu-

sing to disperse when required by judge, jus-
tice, or other public officer, liable to fine and
imprisonment.

114. Affray, what deemed.

115. Unlawful assemblage defined, and punishment

therefor.

116. Rout defined, and punishment therefor.

Section

117. Riot, what constitutes, and penalty therefor.

118. Failure of officer to preserve public peace upon

knowledge of contemplated duel, such officer
shall be lined.

119. Publication of cowardice in refusing to accept a

challenge to fight a_ duel, shall render wri-
ter or printer liable to fine and imprisonment.

120. Libel, what constitutes, and liability therefor.

Truth may be given in evidence.

Section 112. If any person, at late and unusual hours of the night time mali-
ciously or wilfully disturb the peace or quiet of any neighborhood or family, by
loud or unusual noises or by tumultuous and offensive carriage, threatening, tradu-
cing, quarreling, challenging to fight or fighting, every person convicted thereof,
shall be fined in a sum not exceeding fifty dollars or imprisoned, not exceeding two
months.

Sec. 113. If two or more persons assemble for the purpose of disturbing the
public peace or committing any unlawful act, and do not disperse on being desired
or commanded so to do, by a judge, justice of the peace, sheriff, coroner, constable
or other public officer, persons so offending, shall, on conviction, be severally fined,
in any sum not exceeding fifty dollars, and imprisoned, not exceeding one month.

Sec 114. If two or more persons shall, by agreement, fight in a public place, to
the terror of the citizens of this State, the persons so offending shall be deemed
guilty of an affray.

Sec 115. If two or more persons shall assemble together to do an unlawful
act, and separate without doing or advancing towards it, such persons shall be deemed
guilty of an unlawful assemblage, and upon conviction thereof, be severally fined,
in a sum, not exceeding fifty dollars, or imprisoned, not exceeding three months.

Sec 116. If two or more persons shall meet to do an unlawful act, upon a com-
mon cause of quarrel, and make advances towards it, they shall be deemed guilty of
a rout, and on conviction, shall be severally fined, in a sum not exceeding seventy
dollars, or imprisoned, not exceeding four months.

Sec 117. If two or more persons actually do an unlawful act with force or vio-
lence against the person or property of another, with or without a common cause of
quarrel, or even do a lawful act in a violent and tumultuous manner, the persons
so offending, shall be deemed guilty of a riot, and on conviction, shall severally be
fined, not exceeding two hundred dollars, or imprisoned, not exceeding six months.

172

CRIMINAL JURISPRUDENCE.

Sec. 118. If any judge, justice of the peace, sheriff or other officer bound to
preserve the public peace, shall have knowledge of an intention on the part of any
two persons to fight with any deadly weapon or weapons, and such officer shall not
use and exert his official authority to arrest the parties and prevent the duel, every
such officer shall be fined, not exceeding one hundred dollars.

Szc. 119. If any person or persons shall, in any newspaper or handbill, writ-
ten or printed, publish or proclaim any other person or persons as a coward or
cowards, or use any other opprobrious or abusive language, for not accepting a chal-
lenge to fight a duel, or for not fighting a duel, such person or persons so offending,
on conviction, shall be fined, in a sum not exceeding five hundred dollars, or impri-
soned, for a term not exceeding three months. The publisher or printer of any such
newspaper, handbill or other publication, may be summoned as a witness, and shall
be required to testify against the writer or writers of such handbill or publication ;
and if any such printer or printers shall refuse to testify in relation to the premises,
either before the grand or petit jury, he or they shall be deemed guilty of a flagrant
contempt of the court, and may be punished by fine and imprisonment, or either :
Provided, however, That the testimony given by any such witness shall, in no case,
be used in any prosecution against such witness.

Sec 120. A libel is a malicious defamation, expressed either by printing or by
signs or pictures, or the like, tending to blacken the memory of one who is dead or
to impeach the honesty, integrity, virtue or reputation, or publish the natural defects
of one who is alive, and thereby to expose him or her to public hatred, contempt or
ridicule: Every person, whether writer or publisher, convicted of this offence, shall
be fined, in a sum not exceeding five hundred dollars, or imprisoned, not exceeding
one year. In all prosecutions for a libel, the truth thereof may be given in evidence
in justification, except libels tending to blacken the memory of the dead, or expose
the natural defects of the living.

DIVISION XL OFFENCES AGAINST THE PUBLIC
MORALITY, HEALTH AND POLICE.

Section

121 . Bigamy, what constitutes, and punishment there-

for.

122. Bigamy, further defined, and penalty.

123. Adultery and fornication, and punishment there-

for.
12-1. What marriages declared incestuous.

125. Incestuous intercourse, and punishment there-

for.

126. Cohabitation of father and daughter, how pun-

ished.

127. Open lewdness, indecency and debauchery, how

punished.

128. Playing cards, dice, &c, importation or use of,

how punished.

129. Gaming houses, keepers of, how punished.

130. Gaming, how punished.

131. Tavern keepers, penalty for permitting gaming

in their houses; justices of the peace, their
duty under this chapter, and penalty for omis-
sion thereof.

Section

132. Spirituous liquors, selling without license, how

punished.

133. Colored servants, slaves or Indians, selling li-

quor to, how punished.

134. Public roads and highways, navigable and other

streams, obstruction of, how punished.

1 35. Unwholesome food, penalty for selling.

136. Bills of credit, for issuing when not authorized,

how punished.

137. Public notices, defacing, injuring or destroying,

how punished.

138. Vagrants, how disposed of.

139. Suspicious persons, under certain circumstan-

ces, deemed vagrants, and how punished.

140. Posse comitatus, penalty for refusing to join.

141. Graves, desecration of, how punished.

142. Voting fraudulently, how punished.

143. Bribery of electors, how punished.

144. Sabbath breaking, how punished,

CRIMINAL JURISPRUDENCE.

173

Section

145. Preceding section, how to be construed.

146. Private family, disturbance of on Sabbath, pen-

alty therefor.

147. Public worship, disturbance of, how punished.

Section

148. Jurisdiction of justices of the peace, and offi-

cers above named.

149. Offences specified in the preceding five sections,

how tried, &.c.

150. Appeals.

Section 121. Bigamy consists in the having of two wives or two husbands at
one and the same time, knowing that the former husband or wife is still alive. If any
person or persons within this State, being married, or who shall hereafter marry, do at
any time marry any person or persons, the former husband or wife being alive, the
person so offending shall, on conviction thereof, be punished by a fine, not exceeding
one thousand dollars, and imprisoned in the penitentiary, not exceeding two years.
It shall not be necessary to prove either of the said marriages by the register or
certificate thereof, or other record evidence ; but the same may be proved by such
evidence as is admissible to prove a marriage in other cases ; and when such
second marriage shall have taken place without this State, cohabitation in this State,
after such second marriage, shall be deemed the commission of the crime of bigamy,
and the trial in such case may take place in the county where such cohabitation
shall have occurred. Nothing herein contained shall extend to any person or per-
sons whose husband or wife shall have been continually absent from such person
or persons for the space of five years together prior to the said second marriage,
and he or she not knowing such husband or wife to be living within that time. Als6,
nothing herein contained shall extend to any person that is or shall be at the time
of such second marriage, divorced by lawful authority from the bands of such
former marriage, or to any person where the former marriage hath been by law-
ful authority declared void.

Sec 122. If any man or woman, being unmarried, shall knowingly marry the
husband or wife of another, such man or woman shall, on conviction, be fined, not
more than five hundred dollars, or imprisoned, not more than one year.

Sec. 123. Any man and woman who shall live together in an open state of
adultery or fornication, or adultery and fornication, every such man and woman shall
be indicted, and on conviction, shall be fined, in any sum not exceeding two hundred
dollars each, or imprisoned, not exceeding six months. This offence shall be suffi-
ciently proved by circumstances which raise the presumption of cohabitation and
unlawful intimacy ; and for a second offence, such man or woman shall be severally
punished twice as much as the former punishment, and for the third offence, treble,
and thus increasing the punishment for each succeeding offence : Provided, however,
That it shall be in the power of the party or parties offending, to prevent or sus-
pend the prosecution by their intermarriage, if such marriage can be legally solemn-
ized, and upon the payment of the costs of such prosecution.

Sec 124. Marriages between parents and children, including grand-parents
and grand-children of every degree, between brothers and sisters of the half as
well as of the whole blood, and between uncles and nieces, aunts and nephews, are
declared to be incestuous and absolutely void. This section shall extend to illegit-
imate as well as legitimate children and relations.

Sec 125. Persons within the degrees of consanguinity within which marriages
are declared b}' the preceding section to be incestuous and void, who shall intermar-
ry with each other, or who shall commit adultery or fornication with each other, or
who shall lewdly and lasciviously cohabit with each other, shall be liable to indict-
ment, and upon conviction, be punished by imprisonment in the penitentiary, not
exceeding ten years.

174 CRIMINAL JURISPRUDENCE.

Sec. 126. If a father shajl rudely and licentiously cohabit with his own daugh-
ter, the father shall, on conviction, be punished by confinement in the penitentia-
ry, for a term not exceeding twenty years.

Sec. 127. If any person shall be guilty of open lewdness, or other notorious
act of public indecency, tending to debauch the public morals, or shall keep open
any tippling house on the Sabbath day or night, or shall maintain or keep a lewd
house or place for the practice of fornication, or shall keep a common ill-governed
and disorderly house, to the encouragement of idleness, gaming, drinking, fornica-
tion or other misbehavior, every such person shall, on conviction, be fined, not ex-
ceeding one hundred dollars, or imprisoned, not exceeding six months.

Sec. 128. If any person shall hereafter bring or cause to be brought or impor-
ted into this State for sale, or shall sell or offer to sell any pack or packs of playing
cards, or any dice, billiard table, billiard balls, or any other device or thing invented
or made for the purpose of being used at any game, or any obscene book, pamphlet
or print, every such person shall, on conviction, be fined, in a sum not less than
twenty-five dollars, nor more than fifty dollars.

Sec 129. If any person shall, by himself, herself, servant or other agent, for
his or her gain or profit, keep, have, exercise or maintain a common gaming house,
table or room, or in any house or place occupied by him or her, procure or permit
any persons to frequent or come together to play for money, or other valuable thing,
at any game, every offender, on conviction, shall be fined, not exceeding one hun-
dred dollars, or imprisoned, not exceeding six months.

Sec. 130. If any person or persons shall play for money or other valuable
thing, at any game with cards, dice, checks or at billiards, or with any other article
or instrument, thing or things whatsoever, which may be used for the purpose of
playing or betting upon, or winning or losing money, or any other thing or things,
article or articles of value, or shall bet on any game others may be playing, every
person so offending shall be fined, not exceeding one hundred dollars, and not less
than ten dollars.

Sec 131. Every tavern keeper who shall suffer or permit any game or games,
prohibited or intended to be prohibited by this chapter, to be played in his tavern, or
in any out house appendant thereto, shall, on conviction, be fined, not exceeding one
hundred dollars, and shall forfeit his license, and shall not be again licensed as a
tavern keeper for one year from such conviction. It shall be the duty of all justi-
ces of the peace, sheriffs, coroners and grand jurors now in office, or hereafter to
be appointed, to take notice and give information to the proper authorities, of all
such offences as may be committed in their respective counties, contrary to the pro-
visions of this chapter, whenever the same may in anywise come under their immedi-
ate observation. And if any officer, whose duty it is made to execute the provisions
of this chapter, shall neglect to enforce its provisions upon view or complaint, such
officer, upon conviction thereof, shall be fined in the sum of one hundred dollars,
and shall moreover be suspended from office for one year.

Sec 132. Every person who shall not have a legal license to keep a grocery,
who shall barter, exchange or sell any wine, rum, brandy, gin, whiskey or other
vinous, spirituous or mixed liquors, to any person or persons, by a less quantity than
one quart, shall, on conviction, be fined for every offence ten dollars.

Sec 133. Every tavern keeper or other retailer of spirituous liquors, who shall
barter, sell or exchange any wine, rum, gin, brandy, whiskey or other spirituous
liquors, to any black or mulatto servant or slave, without the consent of the master

CRIMINAL JURISPRUDENCE. 175

or mistress of such servant or slave ; and every person, whether tavern keeper or
not, who shall sell, barter or exchange any wine, rum, gin, brandy, whiskey or other
spirituous or mixed liquors, to any Indian or Indians in this State, shall, on conviction,
be fined in the sum of ten dollars for each offence.

Sec. 134. If any person shall obstruct or injure, or cause or procure to be
obstructed or injured, any public road or highway, or common street or alley, of
any town or village, or any public bridge or causeway, or public river or stream
declared navigable by law, or shall continue such obstruction, so as to render the
same inconvenient or dangerous to pass, or shall erect or establish any offensive
trade or manufacture or business, or continue the same after it has been erected or
established, or shall in anywise pollute or obstruct any water course, lake, pond,
marsh or common sewer, or continue such obstruction or pollution, so as to render
the same offensive or unwholesome to the county, town, village or neighborhood
thereabouts ; every person so offending, shall, upon comiction thereof, be fined not
exceeding one hundred dollars. And every such nuisance may, by order of the
circuit court before whom the conviction may take place, be removed and abated
by the sheriff of the proper county ; and any inquest and judgment thereon, had un-
der the provisions of any law authorizing a writ of ad quod damnum, shall be no
bar to a prosecution under this chapter.

Sec. 135. If any person or persons shall, knowingly sell any flesh of any dis-
eased animal, or other unwholesome provisions, or any pernicious or adulterated
drink or liquors, every person so offending, shall be fined, not exceeding one hun-
dred dollars, or imprisoned, not exceeding three months.

Sec 136. If any person, number of persons or corporation, in this State, without
special leave from the General Assembly, shall emit or utter any bill of credit,
make, sign, draw or indorse any bond, promissory note or writing, bill of exchange
or order, to be used as a general circulating medium, as, and in lieu of money or
other currency, every such person or persons, or members of such corporation,
assenting to such proceedings, being thereof duly convicted, shall pay a fine, not
exceeding three hundred dollars, or be imprisoned, not exceeding one year.

Sec 137. If any person shall intentionally deface, obliterate, tear down or
destroy, in whole or in part, any copy or transcript, or extract from, or of any law
of the United States or of this State, or any proclamation, advertisement or notifica-
tion, set up at any place in this State by authority of any law of the United States
or of this State, or by order of any court, such person, on conviction, shall be fined,
in a sum not exceeding fifty dollars, nor less than five dollars, or imprisoned, for a
term not exceeding one month : Provided, That this section shall not extend to
defacing, tearing down, obliterating or destroying any law, proclamation, publication,
advertisement or notification, after the time for which the same was by law to remain
set up, shall have expired.

Sec 138. Any person able to work and support himself in some honest and
respectable calling, not having wherewithal to maintain himself, who shall be found
loitering, strolling about, frequenting of public places where liquor is sold, begging
or leading an idle, immoral or profligate course of life, shall be liable to be indicted
or arrested on the complaint, under oath, of any resident citizen of the county, and
carried before any two justices of the peace, who shall examine said accused person,
and hear the testimony in relation thereto; and if they shall be satisfied that he is
a vagrant, as above set forth, the fact having been established by a jury, which
shall in all such cases be summoned and sworn to inquire the truth thereof,

176 CRIMINAL JURISPRUDENCE.

whether the person be a vagrant or not, shall make out a warrant under their hands
and seals, authorizing and requiring the officer having him in charge or custody, to
hire out such vagrant, within twenty-four hours to the best bidder, by public outcry,
or on a notice given, as they shall direct, for the highest price that can be had, for
any term not exceeding four months : and such vagrant shall be subject to, and
governed by, all the provisions of the act regulating apprentices, during the time
for which he has been so hired. The money received for his hire shall, after de-
ducting the costs, be, if he be without a family, paid into the county treasury ; but
if he have a family, the same shall be appropriated for their use and benefit : Pro-
vided, That any sucli vagrant, when arrested, and before judgment, may release
himself by giving to said justices a bond, with good security, conditioned that he
will for the next twelve months be of good behavior, and betake himself to some
honest employment for support, and that he shall not, nor his family, become a
county charge, through, or by reason of his idleness, immorality or profligacy.

Sjec. 139. If any person shall be found, having upon him or her, any pick-lock,
crow, key, bit or other instrument or tool, with intent feloniously to break and enter
into any dwelling house, store, warehouse, shop or other building containing valu-
able property, or shall be found in any of the aforesaid buildings with intent to
steal any goods and chattels, every such person so offending, shall, on conviction,
be deemed a vagrant, and punished by confinement in the penitentiary, for any term
not exceeding two years. And if any person shall have upon him any pistol, gun,
knife, dirk, bludgeon or other offensive weapon, with intent to assault any person,
every such person, on conviction, shall be fined, in a sum not exceeding one
hundred dollars, or imprisoned, not exceeding three months.

Sec. 1401 Every male person above eighteen years of age, who shall neglect
or refuse to join the posse comitatus, or power of the county, by neglecting or re-
fusing to aid and assist in taking or arresting any person or persons against whom
there may have issued any civil or criminal process, or by neglecting or refusing
to aid and assist in retaking any person or persons, who after having been arrested
or confined, may have escaped from such arrest or imprisonment, or by neglecting or
refusing to aid and assist in preventing any breach of the peace, or the commission
of any criminal offence, being thereto lawfully required by any sheriff, deputy
sheriff, coroner, constable, judge or justice of the peace, or other officer concerned
in the administration of justice, shall, upon conviction, be fined, in a sum not less
than ten dollars, nor more than fifty dollars.

Sec 141 . If any person or persons shall open the grave or tomb where the body
or bodies of any deceased person or persons shall have been deposited, and shall
remove the body or bodies, or remains of any deceased person or persons from the
grave or place of sepulture, for the purpose of dissection, or any surgical or anato-
mical experiment, or for any other purpose, without the knowledge and consent of
the near relations of the deceased, or shall in any way aid, assist, counsel or pro-
cure the same to be done, every such person or persons so offending, shall, on con-
viction, be fined, not less than one hundred dollars nor more than five hundred dol-
lars: Provided, That this section shall not extend to the dissection of any criminal
where the same shall be directed to be. delivered up for that purpose by competent
authority : And provided also, That this section shall not be construed to prevent
any person from removing the body or bodies of their deceased relations or intimate
friends, to any other place of sepulture that he or she may think proper.

CRIMINAL JURISPRUDENCE. 177

Sec. 142. If any person, being an elector, shall vote more than once at any
election which may be held by virtue of any law of this State, lie shall, on convic-
tion thereof, be fined, in any sum not exceeding one hundred dollars.

Sec. 143. If any person shall, by bribery, menace, treating or other corrupt
means or device whatsoever, either directly or indirectly, attempt to influence any
elector of this State in giving his vote at any election, every person so offending, and
being thereof convicted, shall be fined, not exceeding five hundred dollars, and shall
thereafter be disqualified from voting at any election in this State for five years.

Sec 144. Any person who shall hereafter knowingly disturb the peace and
good order of society by labor or amusement on the first day of the week, commonly
called Sunday, (works of necessity and charity excepted,) shall be fined, upon con-
viction thereof in any sum not exceeding five dollars.

Sec. 145. The preceding section shall not be construed to prevent watermen
from landing their passengers, lading and unlading their cargoes, or ferrymen from
carrying over the water, travelers or persons moving with their families, on the first
day of the week ; nor to prevent the due exercise of the rights of conscience by
any person who may think proper to keep any other day as a Sabbath, than the first
day of the week.

Sec 146. Whoever shall be guilty of any noise, rout or amusement on the
first day of the week, called Sunday, whereby the peace of any private family may
be disturbed, such person, so offending, shall be deemed guilty of a misdemeanor
and upon conviction thereof, shall be fined, in any sum not exceeding twenty-five
dollars.

Sec 147. Any person who shall, by menace, profane swearing, vulgar language
or any disorderly or immoral conduct, interrupt and disturb any congregation or
collection of citizens assembled together for the purpose of worshipping Almighty
God, or who shall sell or attempt to. sell, or otherwise dispose of ardent spirits or
liquors, or any articles, which will tend to disturb any worshipping congregation or
collection of people, within one mile of such place, unless the person so sellinc or
disposing of said spirituous liquors or articles, shall be regularly licensed to keep a
tavern or grocery, and shall sell the same at his said tavern or grocery, any person
so offending shall be deemed guilty of a high misdemeanor, and upon conviction
shall be fined, in any sum not exceeding fifty dollars : Provided, That this section
shall not be so construed as to affect any person who may sell whiskey or any other
ardent spirits at his own distillery, store or dwelling house.

Sec 148. Justices of the peace, respectively, in their several counties, shall
have jurisdiction of the aforesaid offences, and may, on view or upon information on
oath, cause every such person, having offended as aforesaid, to be apprehended and
brought before him to answer such charge.

Sec 149. Any person who shall be accused of either of the offences specified in
the five preceding sections, if he choose it, shall have the cause tried by a jury of
six lawful jurors, and if he shall insist on a full jury, by twelve, who shall be sum-
moned to try the cause ; and if the jury shall find the accused guilty, they shall
assess and state the amount of the fine, not more than in said sections specified :
upon which the justice before whom the trial shall be had, or in case the person shall
plead guilty, shall give judgment for fine and costs, and proceed to collect the same
without delay ; and when said fine shall be collected, the officer or person collecting
the same shall be required to pay it over without delay to the treasurer of the pro-
per county, taking his receipt therefor ; and which receipt shall be filed with the
12

178

CRIMINAL JURISPRUDENCE.

clerk of the county commissioners' court; after which the said fine or fines which
may be thus deposited shall be subject to the control of said court, and appropriated
to the education of any poor orphan child or children of the proper county.

Sec 150. The judgments rendered under the six preceding sections shall be
subject to appeals as in cases of assault and battery and affrays, and shall be col-
lected in the same manner. *

DIVISION XII. OFFENCES COMMITTED BY CHEATS,
SWINDLERS AND OTHER FRAUDULENT PERSONS.

Section Section

161. Fraudulent conveyance, penalty for making, and 153. False pretences, person guilty of, deemed

for knowingly receiving benefit of. a cheat, punishment therefor.

152. False representations, &c, what constitutes, and 154. Fraudulent sale of lands or lots, how punished.

- how punished. 156. False weights, use of, how punished.

Section 151. All and every person who shall be a party to any fraudulent con-
veyance of any lands, tenements or hereditaments, goods or chattels, or any right or
interest issuing out of the same, or to any bond, suit, judgment or execution, con-
tract or conveyance had, made or contrived, with intent to deceive and defraud
others, or to defeat, hinder or delay creditors or others of their just debts, damages
or demands ; or who, being parties as aforesaid, at any time shall wittingly and wil-
lingly put in use, avow, maintain, justify or defend the same or any of them as true
and done, had or made in good faith, or upon good consideration, or shall sell, alien
or assign any of the lands, tenements, hereditaments, goods, chattels or other things
before mentioned to him, her or them conveyed as aforesaid or any part thereof, he,
she or they so offending, shall, on conviction, be fined, not exceeding one thous-
and dollars.

Sec 152. If any person by false representations of his own respectability,
wealth, or mercantile correspondence and connexions, shall obtain a credit thereby,
defraud any person or persons of money, goods, chattels or any valuable thing, or
if any person shall cause or procure others to report falsely of his honesty, wealth
or mercantile character, and by thus imposing upon any person or persons, obtain
credit, and thereby fraudulently get into possession of goods, wares or merchandize,
or any valuable thing, every such offender shall be deemed a swindler, and on con-
viction, shall be sentenced to return the property so fraudulently obtained, if it can
be done, and shall be fined, not exceeding one thousand dollars and imprisoned, not
exceeding six months.

Sec 153. If any person or persons shall, knowingly and designedly, by any
false pretence or pretences, obtain from any other person or persons, any chose in
action, money, goods, wares, chattels, effects or other valuable thing whatever, with
intent to cheat or defraud any such person or persons of the same, every person so
offending shall be deemed a cheat, and upon conviction, shall be fined, in any sum
not exceeding one thousand dollars, and imprisoned, not exceeding one year, and shall
be sentenced to restore the property so fraudulently obtained, if it can be done.

Sec 154. Any person or persons, after once selling, bartering or disposing of
any tract or tracts of land, town lot or lots, or executing any bond or agreement for
the sale of any lands, or town lot or lots, who shall again knowingly and fraudu-

CRIMINAL JURISPRUDENCE.

179

lently sell, barter or dispose of the same tract or tracts of land, or town lot or lots,
or any parts thereof, or shall knowingly and fraudulently execute any bond or
agreement to sell or barter, or dispose of the same land or lot or lots, or any part
thereof, to any other person or persons for a valuable consideration, every such
offender, upon conviction thereof, shall be punished by confinement in the peniten-
tiary, for a term not less than one year, nor more than ten years.

Sec. 155. If any person shall knowingly sell by false weights or measures, or
shall knowingly use false measures at any mill, in taking toll for grinding corn, wheat.
rye or other grain, he or she shall be deemed a common cheat, and on conviction,
shall be fined, not less than two hundred dollars, and imprisoned, not exceeding three
months.

DIVISION XIII. FRAUDULENT AND MALICIOUS

MISCHIEF.

Section

156. Malicious mischief, what constitutes, and how
punished.

Section

157. Public jail, &c, injury to, how punished.

158. Firing woods or prairie, how punished.

Section 156. If any person shall wilfully or maliciously cut down, breakdown,
level, demolish, or otherwise destroy or damage any bridge, embankment or mill-
dam, or break or destroy the windows or doors of any dwelling house or other
house, or shall set fire to, or burn, or destroy, or procure or cause to be burnt or
destroyed, any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barlev
or other grain of any kind, or shall cut down, girdle or destroy any fruit tree, or
shade tree, or shall cut, pull down or destroy, any gate, post, railing or fence, or
shall pull down, burn or destroy, any pile or piles of wood, boards or planks, or
other lumber, or shall overturn any cart, wagon or other carriage, or shall run them
into sloughs, holes or other places, or shall cut loose or set adrift, any canoe, ferry-
flat, skiff, boat or other vessel, for mischief, or shall unlawfully, wantonly, wilfully
or maliciously, kill, wound, disfigure or destroy, any horse, mare, filly, colt or
gelding, or any bull, ox, steer, bullock, cow, heifer or calf, or any sheep or lamb, or
any hog, pig or dog, or any other useful animal, being the property of another, every
person so offending, on conviction, shall be fined, not exceeding one hundred dollars,
or imprisoned, not exceeding three months, or both.

Sec. 157. If any person shall, wilfully and intentionally, break down, pull down,
or otherwise destroy or injure, in whole or in part, any public jail or other place
of confinement, every person so offending, shall, upon conviction, be fined, in any sum
not exceeding five thousand dollars, nor less than the value of such jail or other
place of confinement so destroyed, or of such injury as may have been done thereto
by such unlawful act.

Sec. 158. If any person or persons shall, at anytime hereafter, wilfully and in-
tentionally, or negligently and carelessly, set on fire, or cause to be set on fire, any
woods, prairies or other grounds whatsoever, in the inhabited parts of this State,
every person so offending, shall, on conviction, be fined, in any sum not less than
five dollars, nor more than one hundred dollars: Provided, That this section shall

180

CRIMINAL JURISPRUDENCE.

not extend to any person who shall set on fire or cause to be set on fire, any
woods or prairies adjoining his or her own farm, plantation or inclosure, for the
necessary preservation thereof from accident by fire, between the first day of March
and the last day of November, by giving to his or her neighbors two days' notice of
such intention : Provided, also, That this section shall not be construed, to take
away any civil remedy, which any person may be entitled to for any injury which
may be done or received in consequence of such firing.

DIVISION XIV. OFFENCES RELATIVE TO SLAVES
INDENTURED SERVANTS AND APPRENTICES.

Section

159. Colored slaves or servants, harboring, &c, how

punished.

160. Colored persons, indentured, illegal disposition

of, how punished.

Section

161. Minors and apprentices, keepers of public houses

prohibited from harboring, &c, fine and penalty

therefor.

Section 159. If any person shall harbor or secrete any negro, mulatto or per-
son of color, the same being a slave or servant, owing service or labor to any other
persons, whether they reside in this State, or any other State or territory, or dis-
trict within the limits and under the jurisdiction of the United States, or shall in
anywise hinder or prevent the lawful owner or owners of such slaves or servants,
from retaking them in a lawful manner, every such person so offending, shall be
deemed guilty of a misdemeanor, and fined, not exceeding five hundred dollars, or
imprisoned, not exceeding six months.

Sec 160. If any person or persons, entitled to the service or labor of any
negro, mulatto or colored person, by indenture or other contract or registry made,
or entered into under the laws of the late territory of Indiana or of Illinois, having
aright to hold such person of color in temporary servitude, by virtue of those laws
and the constitution of this State, shall hire out, or send any such negro, mulatto or
colored person, or any of his or her children, to live or reside in any other State,
territory or country, or shall cause, procure, or suffer it to be done, or shall sell or
otherwise dispose of any such person of color, or the children of such, for tbe pur-
poses aforesaid, to any citizen or resident of another State, territory or country, be-
fore the expiration of his or her term of service, every person so offending, and all
purchasers of such colored persons so sold or removed, shall forfeit and lose all right
and title or claim to the service of such person of color, and shall, on conviction,
for each offence, be fined, not exceeding five hundred dollars, one-half to be applied
to the use of the person injured, and the other half to the use of the county.

Sec. 161. If any keeper of a public house, or retailer of spirituous liquors,
shall receive, harbor, entertain or trust any minor or apprentice within the age of
twenty-one years, or any servant or slave, knowing them to be such, after having
been cautioned or warned to the contrary by the parent, guardian, master or mis-
tress of such minor, apprentice, servant or slave, in the presence of one or more
credible witnesses ; every such keeper of a public house, or retailer of spirituous
liquors as aforesaid, so offending, shall, upon conviction thereof, be fined in the sum
of twelve dollars, and shall, moreover, forfeit his or her license.

CRIMINAL JURISPRUDENCE. 181

DIVISION XV. CONSTRUCTION OF THIS CHAPTER,
ANDDUTYOF COURTS.

Section

162. Indictment, form of.

163. Exceptions to form of indictment.

164. Civil actions may be maintained for offences un-

der this chapter. termine the same.

Section

169. Offences herein defined, how prosecuted and

punished.

170. When punishment discretionary, court shall de-

165. Judges of supreme court, their duty under this

chapter.

166. Death, punishment of, how inflicted.

1 67. Body of criminal, how may be disposed of.

168. Females, provisions of this chapter extended to.

171. Fines, how disposed of.

172. Benefit of clergy abolished.

173. Power of court in cases of fine.

174. Infamous, what crimes deemed, and disabilities

therefor.

Section 162. Every indictment or accusation of the grand jury, shall be
deemed sufficiently technical and correct, Avhich states the offence in the terms and
language of this code, or so plainly that the nature of the offence may be easily un-
derstood by the jury. The commencement of the indictment shall be in substance
as follows :

State of Illinois, > ( Of the term of the circuit court, in the

county, ) '' year of our Lord, 18

The grand jurors, chosen, selected and sworn, in and for the county of in

the name and by the authority of the people of the State of Illinois, upon their oaths
present, &e. (here insert the offence, and time and place of committing the same,
with reasonable certainty.)

Sec 163. All exceptions which go merely to the form of an indictment, shall
be made before trial, and no motion in arrest of judgment, or writ of error, shall
be sustained, for any matter not affecting the real merits of the offence charged in
such indictment. No indictment shall be quashed for want of the words " with
force and arms, ': or of the occupation or place of residence of the accused, nor
by reason of the disqualification of any grand juror or grand jurors.

Sec 164. Nothing in this chapter contained, shall be so construed as to prevent
the party or parties injured, from having and maintaining a civil action for all damages
and losses, that he, she or they may have sustained in consequence of the commis-
sion of any criminal offence herein punished ; and no court shall allow or entertain
the plea that the private injury is merged in the crime, or in any manner affected
thereby : Provided, however, The record of conviction shall not be used as evi-
dence in any civil action brought on any forged writing, or to recover the damages
and losses sustained by the commission of any such criminal offence.

Sec 165. It shall be, and is hereby declared to be the duty of the judges of the
supreme and circuit courts, to make a special report biennially to the legislature, of
all such defects, omissions or imperfections in this code, as experience may suggest.

Sec 166. The manner of inflicting the punishment of death, shall be by hang-
ing the person convicted by the neck until death, at such time as the court shall
direct, not less than fifteen, nor more than twenty-five days from the time sentence
is pronounced, unless for good cause, the court or governor may prolong the time.

182 CRIMINAL JURISPRUDENCE.

Sec. 167. The court may order, on the application of any respectable surgeon or
surgeons, that the body of the convict shall, after death, be delivered to such sur-
geon or sursreons for dissection.

Sec. 168. This chapter shall extend to females committing any of the offences
made punishable by this chapter, although they may not be expressly named. In
all cases where the punishment shall be by confinement in the penitentiary, the
jury shall say in their verdict for what term the offender shall be confined ; and
the court in pronouncing sentence, shall designate the portion of time such offender
shall be confined to solitary imprisonment, and what portion to hard labor. Persons
under the age of eighteen years shall not be punished by confinement in the peni-
tentiary for any offence except robbery, burglary or arson ; in all other cases,
where a penitentiary punishment is or shall be provided, such person under the
age of eighteen years, shall be punished by imprisonment in the county jail, for any
term not exceeding eighteen months, at the discretion of the court.

Sec 169. All offences herein defined, shall be prosecuted and punished as by
this chapter is prescribed, and not otherwise ; and all other offences maybe punished
by fine and imprisonment in the discretion of the court : Provided, The fine shall in
no case exceed one hundred dollars, and the imprisonment six months.

Sec 170. Whenever the punishment for any crime or misdemeanor is discre-
tionary as to the extent or amount thereof, the court shall determine and affix the
same, whether the punishment consist of corporeal punishment, imprisonment or
fine.

Sec 171. All fines imposed by virtue of any of the laws of this State, for the
punishment of crimes and misdemeanors, shall, when collected, be paid into the
treasury of the county where the offence shall be tried, for the use of such county,
unless otherwise expressly directed : Provided, however, That nothing in this sec-
tion contained, shall be so construed as to found or constitute a cause of challenge
or objection to any grand or petit juror.

Sec 172. The benefit of clergy, appeals of felony and trials by battle, shall be
and are hereby forever abolished.

Sec 173. The court shall have power in all cases of conviction under this
chapter, when any fine is inflicted, to order, as part of the judgment of the court,
that the offender shall be committed to jail, there to remain until the fine and costs
are fully paid or otherwise legally discharged.

Sec 174. Each and every person who may hereafter be convicted of the crime
of rape, kidnapping, wilful and corrupt perjury or subornation of perjury, arson,
burglary, robbery, sodomy or the crime against nature, incest, larceny, forgery,
counterfeiting or bigamy, shall be deemed infamous, and shall forever thereafter be
rendered incapable of holding any office of honor, trust or profit, of voting at any
election, of serving as a juror, and of giving testimony.

CRIMINAL JURISPRUDENCE.

183

DIVISION XVI. OF PROCESS, INDICTMENT, AR-
RAIGNMENT, TRIAL, JUDGMENT, EXECUTION,
AND WRIT OF ERROR.

Section

175. Recognizance, how taken.

176. Capias shall be issued when indictment found a

true bill.

177. Subpoenas shall be issued, &c; penalty for refusal

to obey subprenas; attachments for witnesses,

how issued.
173. Venire not necessary in criminal cases, tales

may be o rdered when pannel exhausted.
179. Prosecutor to be indorsed on "true bill" found

by grand jury, except in certain cases ;

when prosecution deemed malicious, prosecu-
tor liable for costs.
ISO. Persons charged with crime, to be furnished

with copy of indictment and list of jurors and

witnesses.

181. Prisoner may plead "not guilty."

182. When prisoner stands mute, plea of "not guil-

ty" to be entered.

183. When prisoner pleads "guilty" court shall ex-

plain consequences, and if prisoner persists,
court may render judgment.

184. Challenge of jurors allowed.

185. Jury de mediatate Knguee not allowed.

186. Offence committed on county line, may be tried

in either county.

187. Grand jury to hear witnesses on behalf of peo-

ple only, and may find indictment on oath of

189.

191
192

Section

one witness, except in cases of treason and
perjury.
188. Courts to be governed by common law, except
otherwise provided in this chapter.
When jury retires, constable or other officer
shall attend; provided, in certain cases, jury
may return sealed verdict.
190. Liability of officer while attending jury, and of
other persons conversing with jury.
Offenders to pay costs when convicted.
Property of persons convicted under provisions
of this chapter, bound from time of arrest, and
execution shall issue for fines.

193. Judgment for fine and costs may be replevied.

194. Executions may be issued into any county.

195. When person confined in jail for criminal of-

fence has no estate, may be discharged, ex-
cept as otherwise provided.

196. Sureties may be released in certain cases, and

defendant delivered into custody of officer.

197. Bill of exceptions shall be allowed.

198. Writ of error may be allowed upon terms spe-

cified in this section.
Writs of error considered writs of right, but
shall not be a supercedeas unless allowed by
supreme court, or one of the justices thereof;
proceedings on such application.

199.

Section 175. It shall be the duty of the circuit court, when any indictment shall
be found as a true bill, to make an order, fixing the amount of bail to each offence
bailable by law, to be indorsed on the process by the clerk ; and the sheriff, coro-
ner or other officer who shall arrest the indicted person or persons, shall let such
indicted person or persons to bail, upon his, her or their entering into a recogni-
zance, with one or more securities, in the sum or sums specified on said process :
which recognizance shall be made to the people of the State, conditioned for the
appearance of the indicted person or persons, on the first day of the next cir-
cuit court to be holden in and for such county, to answer the said indictment and
not depart the court without leave ; which recognizance shall be signed by the
persons entering into the same, and certified by the officer taking it. Every re-
cognizance so taken, is hereby declared to be valid and binding, and shall not be set
aside or adjudged insufficient for want of form.

Sec. 176. It shall be the duty of the clerks of the circuit courts of each
county of this State, to issue process of capias for the apprehension of all persons
indicted in said courts respectively, to be directed to the sheriff, coroner and con-
stable of the county where such indicted person or persons shall then be ; and it
shall be the duty of the sheriff, or in case of his absence or inability, of the coro-
ner or some one of the constables of the county to which said capias is directed,
to arrest the person or persons therein named, and to let him or them to bail, where
the offence is bailable ; or if the offence be not bailable, or not sufficient bail be
offered, then the officer making the arrest shall bring his, her or their bodies to

184 CRIMINAL JURISPRUDENCE.

the jail of the county where said capias is returnable, and deliver such accused
person or persons, together with the capias, to the keeper of the jail, there to remain
until discharged by due course of law. It shall also be the duty of any officer who
shall take any recognizance in pursuance of this section, to return the same to the
clerk by the first day of the court to which it may be returnable. It shall be law-
ful for any officer who has the custody of any prisoner or prisoners by virtue of
this section, to pass through any counties which lie in his route between the place
of arrest and the county to which he is taking such prisoner or prisoners, and to
lodge or deposit said prisoner or prisoners in any jail on his route, for safe custody,
for one night or more, as occasion may require ; and it is hereby made the duty of
the county commissioners' court of the county where such indictment shall be
found, to pay to the officer who shall bring any offender or offenders from another
county, his reasonable charges for such service : Provided, That nothing contained
in this or the preceding section, shall prevent a capias from being issued without
such indorsement, returnable instanter ; which capias shall authorize and require
the accused to be arrested and immediately brought into court, when he or she shall
be either committed, bailed or tried, at the term at which the indictment shall be
found.

Sec. 177. It shall be the duty of the clerks of the circuit courts, to issue sub-
poenas, either on the part of the people or of the accused in any indictment, direc-
ted as in the preceding section, to any county in this State. And every witness
who shall be duly subpoenaed, and shall neglect or refuse to attend any circuit
court, pursuant to the requisitions of such subpoena, shall be proceeded against
and punished for contempt of the court. And attachments against witnesses who
live in a different county from that where such subpoena is returnable, may be serv-
ed in the same manner as capiases are directed to be served, out of the county from
which they issue, in the preceding section.

Sec 178. It shall not be necessary to issue a venire in any criminal case. And
in all criminal cases where the pannel of jurors shall be exhausted, by challenges
or otherwise, and whether any juror has been elected and sworn or not, it shall
be competent for the court to order on their minutes a tales for any number of jurors,
not exceeding twenty-four, returnable instanter, out of which persons so ordered to
be summoned, it shall be lawful to empannel a jury for the trial of any criminal
case ; but should the tales ordered be insufficient, by reason of challenges or other-
wise, to form an impartial jury, the court may, from time to time, make such
further orders on their minutes for additional tales men, returnable instanter, until a
full jury shall be obtained.

Sec 179. No bill of indictment for false imprisonment, or wilful and malicious
mischief, shall be found "a true bill" by any grand jury, unless a prosecutor is
indorsed thereon by the foreman of the grand jury, with the consent of the prosecu-
tor, except the same shall be found upon the information and knowledge of two or
more of the grand jury, or upon the information of some public officer in the neces-
sary discharge of his duty ; in which case it shall be stated at the end of the indict-
ment how the same is found, and then no prosecutor shall be required ; but in cases
where a prosecutor is indorsed on the indictment, and the defendant shall be
acquitted on trial, the petit jury acquitting such defendant shall find, in addition to
the verdict of "not guilty," whether the prosecutor had acted maliciously by insti-
tuting the prosecution or not ; and whenever the petit jury shall return with a

CRIMINAL JURISPRUDENCE. 185

verdict of "not guilty," that the prosecutor had acted maliciously in the premises,
the court shall enter judgment for costs against the prosecutor, including a fee of
three dollars to the attorney general or circuit attorney, and award execution for
the same, as is done in civil cases : Provided, That nothing herein contained shall
render the prosecutor incompetent to be a witness, either before a grand or petit

j'ury-

Sec. 180. Every person charged with treason, murder or other felonious crime,
shall be furnished, previous to his arraignment, with a copy of the indictment, and
a list of the jurors and witnesses. In all other cases he or she shall, at his or her
request, or the request of his or her counsel, be furnished with a copy of the indict-
ment and a list of the jurors and witnesses.

Sec 181. Upon the arraignment of a prisoner, it shall be sufficient, without
complying with any other form, to declare, orally, by himself or herself, or his or
her counsel, that he or she is not guilty ; which declaration or plea shall be imme-
diately entered upon the minutes of the court by the clerk, and the mention of the
arraignment and such plea shall constitute the issue between the people of the
State and the prisoner ; and if the clerk should neglect to insert in the minutes the
said arraignment and plea, it may and shall be done at any time by order of the
court, and then the error or defect shall be cured.

Sec 182. In all cases where the party indicted shall, on being arraigned, obsti-
nately stand mute, or refuse to plead, standing mute or refusing to plead, shall be
adjudged and taken to be a denial of the facts charged in the indictment, and the
court shall order the plea of "not guilty" to be entered on the minutes, and the
trial, judgment and execution shall proceed in the same manner as it would have
done if the party had pleaded "not guilty."

Sec 183. In all cases where the party indicted shall plead "guilty," such plea
shall not be entered until the court shall have fully explained to the accused the
consequences of entering such plea ; after which, if the party indicted persist in
pleading "guilty," such plea shall be received and recorded, and the court shall
proceed to render judgment and execution thereon, as if he or she had been found
guilty by a jury. In all cases where the court possess any discretion as to the
extent of the punishment, it shall be the duty of the court to examine witnesses as
to the aggravation and mitigation of the offence.

Sec 184. Every person arraigned for any crime punishable with death, shall
be admitted on his trial, to a peremptory challenge of twenty jurors, and no more ;
and every person arraigned for any offence, that may be punished by imprisonment
for a term exceeding eighteen months, shall be admitted to a peremptory challenge
often jurors ; and in all other criminal trials, the defendant shall be allowed a per-
emptory challenge of six jurors. The attorney prosecuting on behalf of the people,
shall be admitted to a peremptory challenge of one-half of the number of jurors that
the accused is entitled to.

Sec 185. In no case shall the right to a trial by jury de mtdiatate lingua, be
allowed in criminal prosecutions.

Sec 186. Where an offence shall be committed on a county line, the trial may
be in either county divided by such line ; and where any offence shall be committed
against the person of another, and the person committing the offence shall be in one
county, and the person receiving the injury shall be in another county, the trial may
be had in either of said counties.

1S6 CRIMINAL JURISPRUDENCE.

Sec 187. In all complaints exhibited before the grand jury of any county, they
shall hear the witnesses on behalf of the people only ; and may find an indictment
on the oath of one witness only, or upon the information of two of their own body,
except in cases of treason or perjury, where at least two witnesses to the same fact
shall be necessary ; and in finding a bill of indictment, at least sixteen of the grand
jury shall be present, and at least twelve of them shall agree to the finding. The
foreman of the grand jury may swear or affirm all witnesses that may come before
the jury.

Sec 188. All trials for criminal offences shall be conducted according to the
course of the common law, except when this chapter points out a different mode,
and the rules of evidence of the common law, shall also, unless changed by this chap-
ter be binding upon all courts and juries in criminal cases. Juries in all cases shall
be judges of the law and the fact.

Sec. 189. When the jury shall retire to consider of their verdict in any crim-
inal case, a constable or other officer, shall be sworn or affirmed to attend the jury
to some private and convenient place, and to the best of his ability, keep them to-
gether without meat or drink, water excepted, unless by leave of the court, until
they shall have agreed upon their verdict, nor suffer others to speak to them, and
that when they shall have agreed on their verdict, he will return them into court :
Provided, however, That in any cases of misdemeanor only, if the prosecutor for
the people, and the person on trial, by himself or counsel, shall agree, which agree-
ment shall be entered upon the minutes of the court, to dispense with the attendance
of an officer upon the jury, or that the jury, when they have agreed upon their ver-
dict, may write and seal the same, and after delivering the same to the clerk, may
separate : it shall be lawful for the court to carry into effect any such agreement, and
receive any such verdict, so delivered to the clerk, as the lawful verdict of any such
jury.

Sec 190. If any officer sworn to attend upon a jury, shall knowingly violate
his oath or affirmation, or shall so negligently perform his duties, that the jury shall
separate without leave of the court, or obtain food or drink, (except water,) or if.
any person not belonging to the jury, shall hold conversation with any of the jury,
every person and officer so offending, shall be punished for a contempt of the court
by fine and imprisonment, or both, in the discretion of the court.

Sec 191. In all cases where any person or persons shall be convicted of any
crimes or misdemeanors specified in this chapter, or of any offences at common law,
the court shall give judgment that the offender or offenders so convicted shall pay
the costs of the prosecution.

Sec 192. The property, real and personal, of every person who shall be con-
victed of any of the offences punished by this chapter, shall be bound; and a Lien
is hereby created on the property, both real and personal, of every such offender,
from the time of his or her arrest, if he or she be arrested before indictment, if not,
then from the time of finding the indictment, at least so far as will be sufficient to
pay the fine and costs of prosecution. And it shall be the duty of the clerk of the
circuit court, at the end of each term, to issue an execution for every fine which
shall have been imposed during the term, and which remains unpaid, and for all
costs of conviction in criminal cases ; in which execution shall be stated, the day
on which the arrest was made, or indictment found, as the case may be, which exe-
cution shall be delivered to the sheriff or coroner, and shall be by him levied on all
the estate, real and personal, which the defendant or defendants possessed, as- his

CRIMINAL JURISPRUDENCE. 187

or her own real or personal estate, on the day mentioned in such execution, and any
property, real and personal, subsequently acquired by him or her ; which property,
so to be levied upon, shall be advertised as in civil cases, and sold for what it will
bring. It shall be no objection to the selling of any property under such execution,
that the body is in custody for said fine and costs.

Sec. 193. It shall and may be lawful for any person or persons, convicted of
any criminal offence, to replevy the judgment for the fine and costs, or the costs
only when no fine shall be imposed, by such convicted person or persons, with one
or more good and sufficient freeholders entering into a recognizance before the cir-
cuit court, to the people of this State, for the payment of such fine and costs, or
costs only, within five months from the date of the acknowledgment ; which recog-
nizance, so taken, is hereby declared valid in law, and to create a lien on the real
estate of all such persons as shall acknowledge the same, and upon the breach there-
of, the clerk is hereby authorized to issue an execution against the goods and chat-
tels, lands and tenements of the persons who entered into recognizance, in the same
manner as if it had been a judgment of the court, which execution shall be collec-
ted in the same manner as is prescribed in the preceding section. No scire facias
shall be necessary previous to issuing such execution. In all cases where the per-
son or persons, convicted as aforesaid, shall replevy the fine and costs, as is provi-
ded in this section, then no execution shall issue for said fine and costs, as is pre-
scribed in the next preceding section ; and further, such person or persons, after
replevying the fine and costs, as aforesaid, shall not be imprisoned for such fine and
costs, but such person or persons shall be wholly discharged from any imprisonment
in consequence of any conviction, unless where imprisonment is by this chapter made
a part of the punishment; in that case, such convicted person or persons, shall be
discharged from his or her, or their imprisonment, at the expiration thereof, if he,
she or they have replevied the fine and costs as aforesaid.

Sec. 194. Executions for fines and costs of prosecution, and on recognizances
taken in pursuance of the preceding section, may be issued into any county in this
State.

Sec 195. Whenever it shall be made satisfactorily to appear to the circuit
court, after all legal means have been exhausted, that any person who is confined
in jail for any fine or costs of prosecution, for any criminal offence, hath no estate
wherewith to pay such fine and costs, or costs only, it shall be the duty of the said
court to discharge such person from further imprisonment for such fine and costs ;
which discharge shall operate as a complete release of such fine and costs : Pro-
vided, That nothing herein shall authorize any person to be discharged from im-
prisonment before the expiration of the time for which he or she may be sentenced
to be imprisoned, as part of his or her punishment.

Sec 196. In all cases of bail for the appearance of any person or persons
charged with any criminal offence, the security or securities of such person or per-
sons may, at any time before judgment is rendered upon scire facias to show cause
why execution should not issue against such security or securities, seize and sur-
render such person or persons, charged as aforesaid, to the sheriff of the county
wherein the recognizance shall be taken ; and it shall be the duty of such sheriff,
on such surrender and the delivery to him of a certified copy of the recognizance
by which such security or securities are bound to take such person or persons, so
charged as aforesaid, into custody, and by writing acknowledge such surrender, and
thereupon the security or securities shall be discharged from any such recognizance,
upon payment of all costs occasioned thereby.

188 CRIMINAL JURISPRUDENCE.

Sec. 197. In the trial of any person or persons, for any crime or misdemeanor,
it shall be the duty of the judge before whom such trial is pending, to sign and seal
any bill of exception tendered to the court during the progress thereof: Provided,
The truth of the case be fairly stated in such bill of exceptions ; and thereupon
the said exceptions shall, by the clerk of the said court, be entered in the record of
such trial, and become, to all intents and purposes, a part thereof.

Sec. 198. The party aggrieved by manifest and material error, appearing of re-
cord, in any capital prosecution by indictment, may be relieved by writ of error, upon
complying with the following terms, to-wit : The party complaining that error has
been committed, shall obtain a certified copy of the record from the clerk, and from
the judge of the circuit court, or from the person who acted as prosecuting attorney
on the trial, a certificate expressive of an opinion that said record contains a full
and true history of the proceedings on said trial ; which record, together with an
assignment of the errors relied on for the reversal of the judgment, shall be pre-
sented to the supreme court, or to one of the justices thereof, in vacation ; and if,
after inspecting such transcript, the court or justice aforesaid, shall be of opinion
that there is reasonable cause for allowing a writ of error, the same shall be granted
by order indorsed on the back of said transcript. The allowance of such writ of
error shall be sufficient authority to the clerk of the supreme court, to issue a su-
persedeas to stay the execution of the sentence of death, but not the discharge of
the prisoner from jail. Where any judgment, the execution whereof has been
stayed by writ of error, as aforesaid, shall be affirmed, the supreme court shall, by
order, fix the time when the original sentence of death shall be executed, a copy of
which order shall be sufficient authority to the sheriff for the execution of any
prisoner therein mentioned, at the time specified.

Sec. 199. Writs of error in all criminal cases not capital, shall be considered
as writs of right and issue of course ; but no writ of error shall be a supersedeas,
unless the supreme court or one of the justices thereof, in vacation, after inspecting
a copy of the record, certified as in the preceding section, together with an assign-
ment of the errors relied on for a reversal of the judgment, shall be of opinion that
there is reasonable cause for allowing a writ of error, then the writ shall be
granted, by order indorsed on the back of such record, in which case the clerk of
the supreme court shall issue a supersedeas, which shall have the effect to stay exe-
cution of the sentence, but not to discharge the prisoner from custody. If the party
applying for such writ of error shall at the time be in custody, under the authority
of the judgment prayed to be superseded and the said court or justice shall be of
opinion that the party obtaining such writ of error ought to be bailed until the de-
termination of such writ of error, the said supreme court or justice may make an
order to discharge such prisoner from custody, upon the prisoners entering into a
recognizance to the people of the State, before the sheriff of the county where he or
she shall be imprisoned, in such sum and with such security as said court or justice
shall prescribe ; which recognizance shall be conditioned that the prisoner will ap-
pear at the next circuit court, to be holden in the county where the trial of such
prisoner took place, and at each subsequent term of the circuit court on the first
days, until the determination of such writ of error, and that he will be present
and submit to such order as the supreme court shall make in the premises, and
will not, at any of the terms of said court, in which he shall be bound to appear by
said recognizance, depart the court without leave. The recognizance so taken, shall
be returned to the next circuit court, and there entered of record, and such pro-

CRIMINAL JURISPRUDENCE.

189

ceedings may be thereon had, in case of a breach of the condition of such recogni-
zance, as shall be according to the course of the common law : Provided, however,
That in cases where corporeal punishment is inflicted, the prisoner shall in no case
be bailed upon the affirmance of any judgment brought into the supreme court, by
virtue of this section; the said court shall order and direct the circuit court to carry
into effect the judgment of the court below. In case of affirmance, judgment shall
be given for costs against the party prosecuting such writ of error, and execution
shall issue thereupon from the supreme court.

DIVISION XVII. LIMITATIONS OF INDICTMENTS
AND PENAL ACTIONS.

Section

200. Limitation of time of finding indictment, ex-
cept for treason, murder, arson and forgery ;

Section

when time fixed by statute ; proceedings when
indictment quashed.

Section 200. No person or persons shall be prosecuted, tried or punished, for
any offence denominated by the common law felony, (treason, murder, arson and for-
gery excepted) unless the indictment for the same shall be found by a grand jury,
within three years next after the offence shall have been done or committed. Nor
shall any person be prosecuted, tried or punished for any misdemeanor, or other
indictable offence below the grade of felony, or for any fine or forfeiture under any
penal statute, unless the indictment, information or action for the same, shall be
found or instituted within one year and six months from the time of committing the
offence, or incurring the fine or forfeiture : Provided, That nothing herein con-
tained shall extend to any person fleeing from justice : And -provided, also, That
where any suit, information or indictment, for any crime or misdemeanor, is limi-
ted by any statute, to be brought or exhibited within any other time than is hereby
limited, then the same shall be brought or exhibited within the time limited by such
statute : Provided, also, That where any indictment, information or suit, shall be
quashed, or the proceedings on the same set aside or reversed, on writ of error,
the time during the pendency of such indictment, information or suit, so quashed,
set aside or reversed, shall not be reckoned within this statute, so as to bar any new
indictment, information or suit, for the same offence.

DIVISION XVIII. GENERAL PROVISIONS.

Section

201. Conservators of the peace, who are constituted

under the provisions of this chapter, their duties.

202. Duty of officers, when felonious offence is com-

mitted.

203. How and by whom offender may be arrested,

and his examination.

Section

204. Recognizance of prosecutor.

205. Recognizance?, how taken.

200. Recognizances may be taken in vacation, ex-
cept in certain cases.

207. Warrant, by whom shall be issued, and what of-
ficers shall execute.

190

CRIMINAL JURISPRUDENCE.

Section

208. Any person, not an officer, may be authorized to

execute warrant.

209. Prisoner may be conveyed from place of arrest,

through other counties, to county where otfence
was committed.

210. Warrant valid, if not under seal.

211. Search warrant, when may be issued, and dis-

position of stolen goods, when found.

Section

213. When offender committed to jail, names, &c,
of witnesses to be indorsed on warrant.

213. When copy of warrant of commitment demand-

ed by prisoner, duty of officers, &c.

214. Habeas corpus, when issued, duty of court or

judge. _

215. On hearing of habeas corpus, judge to examinq

witnesses.

Section 201. The judges of the supreme and circuit courts in their respective
circuits, and justices of the peace, in their respective counties, shall jointly and sev-
erally be conservators of the peace within their respective jurisdictions, as herein
designated, and shall have full power to enforce, or cause to be enforced, all laws
that now exist, or that shall hereafter be made, for the prevention and punishment
of offences, or for the preservation and observance of the peace. They shall have
power to cause to be brought before them, or any of them, all persons who shall
break the peace, and commit them to jail, or admit them to bail, as the case may
require, and to cause to come before them, or any of them, all persons who shall
threaten to break the peace, or shall use threats against any person within this
State, concerning his or her body, or threaten to injure his or her property, or the
property of any person whatever ; and also all such persons as are not of good
fame, and the said judge or justice of the peace, being satisfied, by the oath of one or
more witnesses, of his or her bad character, or that he or she had used threats, as
aforesaid, shall cause such person or persons to give good security for the peace, or
for their good behavior towards all the people of this State, and particularly to-
wards the individual threatened. If any person against whom such proceedings
are had, shall fail to give a recognizance with sufficient security, it shall be the
duty of the judge or justice of the peace before whom he or she shall be brought,
to commit such person or persons to the jail of the proper county, until such securi-
ty be given, or until the next term of the circuit court. Such judge or justice of
the peace shall also take recognizances for the appearance of all witnesses at such
courts. All recognizances to be taken in pursuance of this section, shall be re-
turnable to the next circuit court, to be holden in the proper county, where all
such recognizances shall be renewed or dismissed, as the said circuit court shall,
upon examination of the witnesses, deem to be just and right. And where the
person or persons committed, are in jail at the sitting of such circuit court, the
court shall examine the witnesses, and either continue the imprisonment, bail the
prisoner, or discharge him or her, as to the said court shall appear to be right,
having due regard to the safety of the citizens of this State.

Sec. 202. When any felonious offence shall be committed, public notice thereof
shall be immediately given, in all public places near where the same was commit-
ted, and fresh pursuit shall be forthwith made after every person guilty thereof,
by sheriffs, coroners, constables, and all other persons who shall be by any of them
commanded or summoned for that purpose: every such officer who shall not do his
duty in the premises shall be punished by fine, in a sum not exceeding one hundred
dollars, or imprisonment, not exceeding three months.

Sec. 203. It shall be lawful for any of the aforenamed judges or justices of the
peace, upon oath or affirmation being made before him, that any person or persons
have committed any criminal offence in this State, or that a criminal offence has been
committed, and that the witness or witnesses have just and reasonable grounds to
suspect that such person or persons have committed the same, to issue his warrant
under his hand, commanding the officer or person charged with the execution

CRIMINAL JURISPRUDENCE. 191

thereof, to arrest the person or persons so charged, and bring him, her or them be-
fore the officer issuing said warrant, or in case of his absence, before any other
judge or justice of the peace ; the said judge or justice of the peace, before whom
any person shall be brought in pursuance of such warrant, or shall be brought
without warrant, and charged with any criminal offence, before he shall commit
such prisoner to jail, admit to bail, or discharge him or her from custody, shall in-
quire into the truth or probability of the charge exhibited against such prisoner or
prisoners,.by the oath of all the witnesses attending; and shall, upon consideration,
of the facts, and circumstances, then proved, either commit such person or persons, so
charged, to jail, admit him, her or them, to bail, or discharge him, her or them, from
custody. No justice of the peace shall admit to bail, any person or persons, charged
with treason, murder, or any offence, punishable with death : And, provided, That
in all cases where the charge is for sodomy, rape, arson, burglary, robbery, forgery
or counterfeiting, it shall be the duty of any justice of the peace, whenever any per-
son or persons shall be brought before him, for the same or either of them, to asso-
ciate with himself some neighboring justice of the peace previous to the examination
of the witnesses, and they two shall have power to bail such prisoner or prisoners,
or commit him, her or them to jail, in case no good and sufficient bail is offered, or
discharge the prisoner or prisoners, according to the proof that is adduced, and the
law arising thereon. All recognizances taken in pursuance of this section, shall
require the accused to appear at, and on the first day of the next circuit court, or if
the court be then sitting, on some day of the term, to be therein designated.

Sec. 204. It shall be the duty of the judge or justice of the peace who shall
commit any offender to jail as aforesaid, or admit him to bail, to bind by recogni-
zance, the prosecutor, and all such as do declare any thing material to prove the
offence charged, to appear before the next circuit court on the first day thereof, or
if the said court shall be then sitting, on same day to be therein designated, (and
in all cases at the same time and place as the person or persons accused by said
witnesses shall be bound to appear,) to give evidence touching the offence so charg-
ed, and not depart the court without leave. If any person, upon being required to
enter into recognizance as aforesaid, shall refuse, it shall be lawful for such judge
or justice of the peace to commit him or her to jail, there to remain until he or she
shall enter into such recognizance or be otherwise discharged by due course of law.

Sec 205. All recognizances that have any relation to criminal matters, shall
be taken to the people of this State, shall be signed by the person or persons enter-
ing into the same, be certified by the judge, justice of the peace or other officer
taking the same, and delivered to the clerk of the circuit court, on or before the
day mentioned therein for the appearance of the witness or accused therein bound.
Recognizances taken in courts of record need not be signed or certified as aforesaid*
Recognizances for assaults, batteries and affrays, shall be for the appearance of the
accused before the justice of the peace taking the same, or before some other justice
of the county, on the day appointed by the justice for the trial of the offender.

Sec 206. Where any person shall be committed to jail on a criminal charge,
for want of good and sufficient bail, except for treason, murder, or other offence
punishable with death, or for not entering into a recognizance to appear and testify,
any judge, or any two justices of the peace, may take such bail or recognizance in
vacation, and may discharge such prisoner from his or her imprisonment. It shall
be the duty of the judge or justice committing such person to jail, to indorse on the
warrant of commitment, in bailable cases, in what sum bail ought to be taken.

192 CRIMINAL JURISPRUDENCE.

Sec 207. When a charge shall be exhibited upon oath, before any judge or
justice of the peace, against any person for a criminal offence, it shall be the duty of
the judge or justice of the peace before whom the charge shall be made, to issue his
warrant for the apprehension of the offender, directed to all sheriffs, coroners and
constables within the State ; and it shall be the duty of any sheriff, coroner or con-
stable, into whose hands any such warrant shall come, to execute the same within
their respective counties, and if the offender shall be found therein, to arrest and
convey such offender before the judge or justice of the peace who issued the war-
rant, or before some other justice of the peace of the same county. When any such
sheriff, coroner or constable, or other person called to the assistance of such sheriff,
coroner or constable, shall be in pursuit of any offender, having a warrant for the
apprehension of such offender, and the offender shall cross the line into the adjoining
county, such sheriff, coroner or constable, or other person, may pursue such offen-
der into such adjoining county and make the arrest, as if such offender had been
found in the county of the officer in pursuit.

Sec 208. Any judge or justice of the peace, issuing any such warrant, may
make an order thereon, authorizing a person to be named in such warrant to execute
the same, and the person named in such order may execute such warrant any where
in the State, by apprehending and conveying such offender before the judge or jus-
tice, issuing such warrant, or before some other justice of the same county; and
all sheriffs, coroners and constables, and others, when required, in their respective
counties, to be aiding and assisting in the execution of such warrant.

Sec. 209. Any person or persons, officer or officers, who may have the custody
of any offender or offenders, by virtue of either of the two preceding sections, may
take or carry such prisoner or prisoners into any other county which may be situ-
ated on his or their way back to the county from which the said prisoner or prison-
ers fled, and may deposit such prisoner or prisoners in any jail on his or their
route, for safe custody, for one night or more, as occasion may require. Upon
their arriving in the county to which the prisoner or prisoners is or are sent, under
the last preceding section, such officer or officers, person or persons, shall deliver
such prisoner or prisoners into the custody of the sheriff or jailer, together with
the warrant of the said judge or justice, which shall be a sufficient justification to
the said sheriff or jailer, to receive and detain such prisoner or prisoners, until he,
she or they obtain bail, if the offence be bailable, or be otherwise discharged by
due course of law.

Sec. 210. It shall not be necessary to the validity of any warrant for the appre-
hension of any person charged with an offence, or warrant of commitment, or search
warrant, that it be under the seal of the judge or justice of the peace granting or
issuing the same ; but every such warrant under the hand of the judge or justice
of the peace, shall be as valid in law as if a seal were affixed. And no person
shall be discharged on habeas corpus from his imprisonment merely by reason of
defect of legal precision, or want of technical form in the warrant of commitment,
but the court or judge awarding such habeas corpus shall, in all such cases, proceed
and determine as if the mittimus had all legal and technical form : Provided., Suffi-
cient appear on the face of the mittimus to ascertain for what crime or offence such
prisoner or prisoners shall have been committed.

Sec 211. It shall be lawful for any judge or justice of the peace, upon com-
plaint made before him upon oath or affirmation, that a larceny has been committed,
and that the person affirming or swearing does verily believe that the stolen goods

CRIMINAL JURISPRUDENCE. 193

or other property, are or is concealed in any dwelling house, out-house, garden,
yard or other place or places, to issue a warrant under his hand commanding every
such dwelling house or place to be searched in the day time j and if any of the
goods described in any such warrant, be found therein, then that the said goods
be seized or brought before the judge or justice issuing said warrant. If, upon
examination of witnesses before the judge or justice ol the peace who issued said
warrant, it shall be determined by such judge or justice, that the goods so brought
before him have been stolen, it shall be the duty of such judge or justice, either
to keep possession of, or to deliver, or cause to be delivered, such goods to the
sheriff of the proper county, there to remain until the conviction of the thief, or
the claimant's right be otherwise legally ascertained. If the thief shall not be indict-
ed at the next circuit court after the goods shall be seized, and an action shall not
be commenced against the person or persons in whose possession such goods shall
have been found, for the recovery thereof, within one month after a circuit court
shall have been held after such seizure, the said circuit court shall, at their next
session, order such goods to be re-delivered to the person in whose possession they
were found, which order shall be obeyed by the person in whose possession 'such
goods may, at the time, be. In case the judge or justice of the peace shall, upon
such examination as aforesaid, determine that such goods so seized had not been
stolen, then the goods shall be immediately restored to the person from whose pos-
session they were so taken.

Sec 212. It shall be the duty of the judge or justice of the peace who shall
commit any offender to jail, either because such offender is unable to procure bail
for his appearance at court, or because the offence is not by law bailable, to write
on the warrant of commitment the names and residences of the principal witnesses
by whom the crime was proved before said judge or justice.

Sec 213. Whenever any prisoner in the custody of the sheriff or jailer of any
county, on any warrant of commitment as aforesaid, shall demand of said sheriff or
jailer, a copy of said warrant of commitment, said sheriff or jailer shall indorse on
the said copy the names of the witnesses written thereon as aforesaid, and any jus-
tice or judge who shall neglect to write the name or names of the witnesses afore-
said, on the warrant of commitment, or any sheriff or jailer shall neglect to indorse
the name of said witness or witnesses on any copy of said commitment, each jus-
tice, judge, sheriff or jailer offending in the premises, shall Le fined in the sum of
twenty dollars, to be recovered by action of debt, in the name of, and for the us*e of
any person who shall sue for the same in any court of record.

Sec 214. Whenever a habeas corpus shall be issued to, bring the body of
any prisoner committed as aforesaid, unless the court or judge issuing the same,
shall deem it wholly unnecessary and useless, the said court or judge shall
issue a subpoena to the sheriff of the county where said person shall be confined,
commanding him to summon the witness or witnesses therein named, to appear
before such judge or court, at the time and place when and where such habeas cor-
pus shall be returnable : it shall be the duty of such sheriff to serve said subpoena if
it be possible, in time to enable such witness or witnesses to attend. It shall be the
duty of the witness or witnesses thus served with said subpoena to attend and give
evidence before the judge or court issuing the same on pain of being guilty of a
contempt, and shall be proceeded against accordingly by said judge or court.

Sec 215. On the hearing of any habeas corpus issued as aforesaid, it shall be
the duty of the judge or court who shall hear the same, to examine the witness or
13

194

CUMBERLAND ROAD.

witnesses aforesaid, and such other witnesses as the prisoner may request, touch-
ing any offence mentioned in the warrant of commitment as aforesaid, whether said
offence be technically set out in said commitment or not, and upon which hearing,
said judge or court may either re-commit, bail or discharge the prisoner according
to the facts of the case.

Approved : March 3, 1845.

CHAPTER XXXI.

CUMBERLAND 110AD.

Section
i . Removing materials from road, or injuring
works on same, how punished.

2. Trespass upon road, what deemed, and penalty

therefor.

3. Arrests, how made.

Section

4. Jurisdiction of justices and courts, and right of

appeal.

5. County commissioners to have jurisdiction over

roads.

6. Supervisors, their jurisdiction and duties.

Section 1. If any person or persons shall be guilty of removing any materials
for the construction of the Cumberland road, in this State, now made or hereafter
to be made and constructed ; or deface, injure or destroy any of the works ; or
steal or destroy any tool, instrument or materials belonging to the United States, or
to any person for the use of said road, he or they shall be deemed guilty and pun-
ished under the laws then existing and in force for the punishment of similar offen-
ces on individual and State property.

Sec. 2. If any person or persons shall store any combustible or other matter in
or near any of the culverts or bridges, or obstruct them in any manner whatever,
or encamp or build fires within or near them, or obstruct or damage any of the cul-
verts, ditches, grades or drains ; remove or deface any mile stones, or stop with teams
to feed on the road, he or they shall be deemed guilty of trespass, and shall be held
accountable under the existing laws ; and suits may be brought against said trespas-
sers by any agent of the government or any other person who may take upon him-
self to attend to the same for all such offences.

Sec 3. In cases arising under the provisions hereof, the individual may be ta-
ken by capias or warrant founded on affidavit, and held to bail, or committed to jail.

Sec. 4. Suits may be brought before any justice of the peace or court having
competent jurisdiction to try and hear such cases ; and the right of appeal to the
circuit court is reserved as in similar cases provided by law.

Sec. 5. The county commissioners' courts in each county through which the
Cumberland road now passes, or may hereafter pass, shall have supervisory control
over the same, whenever the same shall not be under the care or supervision of
some person or persons authorized by the United States, and cause the same to be
kept in repair, in the same manner as prescribed by the laws of this State for keep-
ing in repair the State and county roads in the several counties in this State, and
may make such order, and regulation concerning the same as they shall deem neces-
sary and proper for the repair and preservation of the same.

DETINUE. 195

Sec. 6. It shall be the duty of the supervisor in each road district, whenever
the county commissioners' court of the county shall direct, according to the provis-
ions of this chapter, to cause the said road to be kept in repair through his road dis-
trict, in the same manner as is provided by law for keeping in repair other State
and county roads, and shall cause the same to be worked upon by the persons re-
siding in his road district ; and if such supervisor shall fail, neglect or refuse to do
so, he shall be liable to the same penalties for such failure, neglect or refusal, as is
provided by law on other roads in his. district. And if any person subject to work
upon public roads in any such road district, shall fail, neglect or refuse, when requi-
red by the supervisor of such road district, to work on said road, he shall be liable
to the same penalties for such failure, neglect or refusal, as is provided for like
cases on other public roads, and to be recovered in the same manner, to be collected
and paid as in other cases of public roads in this State.

Approved : March 3, 1845.

CHAPTER XXXII.

DETINUE.

Section

1. Actions of detinue, how brought.

2> Defendant may give bond.

3. Sheriff made defendant in certain cases.

Section

4. When bond forfeited, remedy of parties interested.

5. Court or judge may reduce bail, accept surren-

der of defendant, and cancel bond.

6. Actions, how proceeded on.

Section 1. In all actions of detinue, where the plaintiff shall file in the office
of the clerk of the court in which such action is to be commenced, an affidavit on
the oath or affirmation of the plaintiff or some other credible person, stating that the
property, to recover which such action is about to be commenced, is the property
of the plaintiff, stating the value thereof, and that the defendant unlawfully detains
the same, the clerk shall issue a writ of capias in detinue, and indorse the amount
so sworn to, and direct the sheriff to take bail in double that sum.

Sec. 2. It shall be the duty of any sheriff to whom a writ of capias in detinue
shall be directed, to take the body of the defendant and commit him to the common
jail of the county, unless he shall enter into a bond to the plaintiff, conditioned that
if judgment shall be rendered in such action against him, he will deliver to the
plaintiff the property which shall be thereby recovered, and pay all damages which
shall be assessed for the detention thereof, and costs of suit : the sheriff shall return
such bond with the writ, as in other cases.

Sec 3. If any sheriff shall return any such writ executed, and shall not have
the body of the defendant according to the command of the writ, or return a bond
as is provided in the preceding section, or the bond returned shall be adjudged
insufficient by the court, and the defendant shall fail to perfect his bail if ruled
thereto, the sheriff shall be made a co-defendant and may defend the suit upon the
pleas of the defendant, and shall be subject to the same judgment and recovery as

196

DIVORCES.

the defendant, and be joined therein. All questions concerning the sufficiency of
such bond shall be determined during the return term.

Sec. 4. When any bond as aforesaid shall be forfeited, the plaintiff shall have
the same remedy against the bail, and the bail shall have the same remedy against
the principal, and the sheriff, when made a co-defendant, shall have the same remedy
against the principal and bail, as is or may be provided by law in cases of bail in
other civil causes, and the same proceedings shall be had thereon.

Sec 5. Any court out of which any writ as aforesaid shall issue, or any judge
thereof in vacation, may reduce the sum for which bail is demanded, and the court
may accept the surrender of the defendant, and cancel such bond, in the same manner,
for the like causes, and with the like effect, as in other cases of bail in civil actions.

Sec 6. All actions commenced in manner aforesaid, shall be conducted and
proceeded on in all things according to the principles and usages of law in actions
of detinue. If any verdict for the plaintiff shall omit the price, or value or damages
for detention, the court may, at any time, award an inquiry to ascertain the same.

Approved : March 3, 1845.

CHAPTER XXXIIL

DIVOKCES.

Divorces, for what causes, maybe decreed.

Jurisdiction of court in such cases ; proceed-
ings, nature of, and when had.

Who entitled to divorce.

When court may refuse to grant divorce.

Suits for divorce, how tried ; when confession
of party may be used ; how marriage proved.

Section

6. Alimony and support of children, when court

may provide for.

7. Poor woman may prosecute for divorce, with-

out paying costs.

8. Power of courts of this State to try suits

brought for causes not provided for by law ; to
decree alimony, and provide for children.

Section 1. In every case in which a marriage has been, or hereafter may be
contracted and solemnized between any two persons, and it shall be adjudged in the
manner hereinafter provided, that either party, at the time of such marriage, was
and continues to be, naturally impotent ; or that he or she had a wife or husband
living at the time of such marriage ; or that either party has committed adultery
subsequently to the marriage ; or has wilfully deserted and absented himself or
herself from the husband or wife, without any reasonable cause, for the space of
two years, or has been guilty of extreme and repeated cruelty or habitual drunken-
ness for the space of two years ; or has been convicted of felony or other infamous
crime, it shall be lawful for the injured party to obtain a divorce and dissolution of
such marriage contract; but no such divorce shall, in anywise, affect the legitimacy
of the children of such marriage, except in cases where the marriage shall be de-
clared void on the grounds of a prior marriage.

Sec 2. The circuit court, sitting as a court of chancery, shall have jurisdic-
tion in all cases of divorce and alimony by this chapter allowed ; and the like pro-
cess, practice and proceedings shall be had, as are usually had in other cases in

DIVORCES. 197

chancery, except as is hereinafter provided, and except that the answer of the de-
fendant need not be on oath. The proceedings shall be had in the county where
the complainant resides, and the process may be directed to any county in the
State.

Sec. 3. No person shall be entitled to a divorce in pursuance of the provisions
of this chapter, who has not resided in the State one whole year previous to filing
his or her bill or petition, unless the offence or injury complained of was commit-
ted within this State, or whilst one or both of the parties resided in this State.

Sec 4. If it shall appear to the satisfaction of the court, that the injury com-
plained of, was occasioned by collusion of the parties, or done with the assent of
the complainant for the purpose of obtaining a divorce, or that the complainant was
consenting thereto, or that both parties have been guilty of adultery, when adultery
is the ground of complaint, then no divorce shall be decreed.

Sec 5. In all cases for a divorce, where the defendant shall appear and deny
the charges in the complainant's bill or petition alleged, the same shall be tried by
a jury ; but if the bill or petition shall be taken for confessed, the court may pro-
ceed to a hearing of the cause, by examination of witnesses in open court; and no
confession of the defendant shall be taken as evidence, unless the court or jury
shall be satisfied that such confession was made in sincerity, and without fraud or
collusion, to enable the complainant to obtain a divorce. But any marriage which
may have been celebrated or had in any foreign State or country, may be proved by
the acknowledgment of the parties, their co-habitation, and other circumstantial tes-
timony.

Sec 6. When a divorce shall be decreed, it shall and may be lawful for the
court to make such order touching the alimony and maintenance of the wife, the
care, custody and support of the children, or any of them, as from the circum-
stances of the parties and the nature of the case, shall be fit, reasonable and just.
And in case the wife be complainant, to order the defendant to give reasonable se-
curity for such alimony and maintenance, or may enforce the payment of such ali-
mony and maintenance in any other manner consistent with the rules and practice
of the court. And the court may, on application, from time to time, make such al-
terations in the allowance of alimony and maintenance, as shall appear reasonable
and proper.

Sec 7. Any woman sueing for a divorce, who shall make it appear satisfactorily
to the court, that she is poor and unable to pay the expenses of such suit, shall be
allowed by the court to prosecute her complaint without costs, and in such cases, no
fees shall be charged by the officers of the court.

Sec 8. In addition to the causes herein before provided, for divorces from the
bands of matrimony, courts of chancery in this State shall have full power and au-
thority to hear and determine all causes for a divorce, not provided for by any law
of this State. The same rule of proceeding shall be had as in other cases in chan-
cery, and upon hearing of the bill, or bill and answer, and proofs and exhibits, if the
court shall be satisfied of the expediency of decreeing a dissolution of the bands of
matrimony, it shall have power to do so, and to make such order with regard to the
costs as it may deem right, and also to make such order with regard to the children
(if any) and the right of alimony, as it may think proper.

Approved : March 3, 1845.

CHAPTER XXXIV.

DOWEE.

Section

1. Right of dower, how acquired.

2. Widow of alien entitled to dower.

3. Right of dower in mortgaged premises.

4. When lands mortgaged for purchase money,

widow not entitled to dower as against mort-
gagee.

5. Widow entitled to one-third of surplus when

lands of deceased husband sold under mort-
gage.

6. Exception to right of dower.

7. Jointure, how acquired, and its effect.

8. Assent of wife to jointure, how evinced.

9. Wife may elect whether she will take jointure

or dower, but shall not be entitled to both.
1 0. Dower in lands and share in personal estate

barred by demise, unless otherwise expressed

in will ; but wife may elect which she will

take.
1 1 Jointure, how may be relinquished, and dower

substituted.

12. Divorce, its effects on right to jointure and

dower.

13. Adultery of wife, dower forfeited thereby.

14. Wife's right to jointure or dower can not be di-

vested, except by her own act.

15. Widow entitled to half the estate in certain

cases.
10. When husband exchanges lands for other lands,
choice of dower, how made.

Section

17. Dower, by whom and when to be set off'.
13. Remedy of widow when dower not assigned as
required by law.

19. Widow claiming dower, how to proceed, and

duty of clerk.

20. Unknown persons interested, how proceeded

against, and their remedy in certain cases.

21. When claim to dower contested, what proceed-

ings to be had.

22. Guardians, when may be appointed.

23. Petitions for dower, how determined.

24. Commissioners, how appointed, and their duties.

25. Extent of right of widow to dower when le-

gally set oil'.

26. When widow has claim to dower in lands in

different counties, how to proceed.

27. Widow's right till assignment of dower.

28. When estate not susceptible of division, how

to proceed.

29. Reports of commissioners, and order of court

thereon.

30. Waste, penalty therefor.

3 1 . Who may petition for assignment of dower.

32. Compensation of commissioners.

33. On death of widow, how dower disposed of.

34. Dower not relinquished by widow as execu-

trix or administratrix of husband's estate, un-
less specified in deed of conveyance.

Section ] . A widow shall be endowed of the third part of all the lands whereof
her husband was seized of an estate of inheritance, at any time during the marriage,
unless the same shall have been relinquished in legal form. Equitable estates shall
be subject to the widow's dower, and all real estate of every description contracted
for by the husband in his life time, the title to which may be completed after his
decease.

Sec 2. The widow of an alien shall be entitled to dower of the estate of her
husband, in the same manner as if such alien had been a native born citizen of the
United States.

Sec. 3, Where a person seized of an estate of inheritance in land, shall have
executed a mortgage of such estate before marriage, his widow shall, nevertheless
be entitled to dower out of the lands mortgaged, as against every person, except the
mortgagee, and those claiming under him.

Sec. 4. Where a husband shall purchase lands during coverture, and shall
mortgage such lands to secure the payment of the purchase money thereof, his
v/idow shall not be entitled to dower out of such lands, as against the mortgagee or
those claiming under him, although she shall not have united in such mortgage ; but
she shall be entitled to her dower as against all other persons.

Sec 5. When, in the cases specified in the two preceding sections, the mort-
gagee or those claiming under him, shall, after the death of such husband, cause the

DOWER. 199

land mortgaged to be sold, either under a power contained in the mortgage, or by-
virtue of the judgment or decree of a court, and any surplus shall remain, after
the payment of the moneys due on such mortgage, and the costs and charges of sale,
such widow shall be entitled to the interest or income of one-third part of such sur-
plus, for life, as her dower.

Sec. b". A widow shall not be endowed of lands conveyed to her husband by
way of mortgage, unless he have acquired an absolute estate during the marriage.

Sec 7. When an estate in land shall be conveyed to a person and his intended
wife, or to such intended wife alone, or to any person in trust for such person and
his intended wife, or in trust for such intended wife alone, for the purpose of crea-
ting a jointure for such intended wife, and with her assent, to be taken in lieu of
dower, such jointure shall be a bar to any right or claim for dower of such wife, in
any land of her husband.

Sec 8. The assent of the wife to such jointure, shall be evinced, if she be of
full age, by her becoming a party to the conveyance by which it shall be settled; if
she be an infant, by her joining with her father or guardian in such conveyance.

Sec. 9. If, before her marriage, but without her assent, or if, after her marriage,
land shall be given or assured for the jointure of a wife, in lieu of dower, she shall
make her election, whether she will take such jointure, or whether she will be en-
dowed of the lands of her husband, but she shall not be entitled to both.

Sec 10. Every devise of land, or any estate therein, by will, shall bar her
dower in lands, or of her share in personal estate, unless otherwise expressed in
the will ; but she may elect whether she will take such devise or bequest, or whether
she will renounce the benefit of such devise or bequest, and take her dower in the
lands, and her share in the personal estate of her husband.

Sec 11. W7hen a woman shall be entitled to an election under either of the two
last preceding sections, she shall be deemed to have elected to take such jointure
or devise unless within one year after the authentication or probate of the will, she
shall deliver or transmit to the court of probate of the proper county, a written re-
nunciation, which may be in the following form, to-wit : " I, A. B., widow of C.
D., late of the county of and State of , do hereby renounce and quit all

claim to the benefit of any jointure, bequest or devise made to me by the last will
and testament of my said deceased husband, which has been exhibited and proved ac-
cording to law, (or otherwise, as the case may be,) and I do elect to take in lieu thereof,
my dower or legal share of the estate of my said husband." Which said letter of
renunciation shall be filed in the office of the probate justice of the peace, and shall
operate as a complete bar against any claim which such widow may afterwards set
up, to any provision which may have been thus made for her in such jointure, or in
the will of any such testator, in lieu of dower ; and by thus renouncing all claims,
as aforesaid, such widow shall thereupon be entitled to dower in the lands, or share
in the personal estate of her husband.

Sec 12. If any woman shall be divorced from her husband for the fault or
misconduct of such husband, except where the marriage wTas void from the begin-
ning, she shall not thereby lose her dower, nor the benefit of any such jointure ; but
if such divorce be for her fault or misconduct, she shall forfeit the same ; and when
a divorce is obtained for the fault and misconduct of the husband, he shall lose
his right to be tenant by the curtesy in the wile's lands, and also any estate granted
therein by the laws of this State.

200 DOWER.

Sec 13. If a wife voluntarily leave her husband and commit adultery, she shall
be forever barred her dower, and of the benefit of any such jointure, unless her
husband be ^voluntarily reconciled to her, and suffer her to dwell with him.

Sec 14. No act, deed or conveyance, performed or executed by the husband,
without the assent of his wife, evinced by the acknowledgment thereof, in the
manner required by law, shall pass the estate of a married woman; and no judg-
ment or decree confessed or recovered against him, and no laches, default, covin,
forfeiture or crime of the husband, shall prejudice the right of his wife to her
dower or jointure, or preclude her from the recovery thereof, if otherwise entitled
thereto.

Sec 15. If a husband die, leaving a widow, but no children, nor descendants
of children, such widow may, if she elect, have in lieu of her dower in the estate
of which her husband died seized, whether the same shall have been assigned or
not, absolutely and in her own right, as if she were 'sole, one-half of all real estate
which shall remain after the payment of all just debts and claims against the de-
ceased husband : Provided, That in case dower in such estate shall have been
already assigned, she shall make such new election, within two months after being
notified of the payment of such debts and claims.

Sec 16. If a husband, seized of an estate of inheritance in lands, exchange it
for other lands, his widow shall not have dower of both, but shall make her elec-
tion as hereinbefore provided, to be endowed of the lands given, or of those taken
in exchange ; and if such election be not evinced, by the commencement of pro-
ceedings for the recovery and assignment of her dower of the lands given in
exchange, within one year after the death of her husband, she shall be deemed to
have elected to take her dower of the lands received in exchange.

Sec 17. It shall be the duty of the heir at law, or other person, having the
next estate of freehold or inheritance in any lands or estate of which the widow
is entitled to dower, to lay off and assign such dower as soon as practicable offer
the death of the husband of such widow.

Sec 18. If such heir or other person shall not within one month next after
the decease of said husband, assign and set over to the widow of the deceased to
her satisfaction, her dower in, and to all lands, tenements and hereditaments,
whereof by law she is or may be dowable according to the true intendment of law,
then such widow may sue for, and recover the same, in the manner hereinafter pre-
scribed, against such heir or other person having the next immediate estate of free-
hold or inheritance, or tenant in possession, or other person or persons claiming
right or possession in said estate.

Sec 19. Every widow claiming dower, may file her petition in chancery, in
the circuit court of the county, against the parties aforesaid, stating their names, if
known, setting forth the nature of her claim, and particularly specifying the lands,
tenements and hereditaments in which she claims dower, and praying that the same
may be allowed to her ; and the clerk shall thereupon issue a summons to the par-
ties to appear at the next term of the said court to answer the complaint, which
shall be served by the sheriff as other writs and process. If the parties do not
reside in the county, said clerk shall cause an advertisement to be published, as pro-
vided in sections eight, forty -one, and forty-two of chapter twenty-cne of the Revised
Statutes, notifying said parties that such petition is filed, and requiring them or any
of them to appear at the next term of the circuit court and show cause why such
dower should not be assigned; and which publication shall be deemed due notice,

DOWER. 201

and the parties aforesaid or any other person interested therein, may appear and
contest the widow's right to dower.

Sec. 20. If there be persons interested in the same, whose names are unknown,
it shall be lawful to make such persons parties to such suits or proceedings, by the
name and description of persons unknown, or unknown heirs or devisees of any
deceased person who may have been interested in the subject matter of the suit
previous to his or her death; but in all such cases, an affidavit shall be filed b} the
party desiring to make any unknown person a party, stating that the names of such
persons are unknown ; and process shall be issued against all parties by the name
and description given as aforesaid ; and notices given by publication, as is required
in the preceding section, shall be sufficient to authorize the court to hear and deter-
mine the suit as though all parties had been sued by their proper names ; and all
decrees, orders, judgments and proceedings had or made under the provisions of
this chapter, respecting such unknown persons as aforesaid, shall be as binding and
conclusive upon the persons and parties interested, as though they had been sued
by their proper names : Provided, That if any person residing out of this State as
aforesaid, against whom a decree is, or shall be made, his heirs, devisees, executor,
administrator or -assigns, as the case may require, shall, within one year after notice
in writing given him or them of such decree, or within three years after such de-
cree, if no such notice shall have been given as aforesaid, appear in open court and
petition to be heard touching the matter of such decree, and shall pay such costs as
the court shall deem reasonable in that behalf, the person so petitioning, may appear
and answer the complainant's bill, and thereupon, such proceedings shall be had as
if the defendants had appeared in due season, and no decree had been made. The
decree shall, after three years from the making thereof, if not set aside in manner
aforesaid, be deemed and adjudged confirmed against such non-resident defendant,
and all persons claiming under him by virtue of any act done subsequent to the
commencement of such suit ; and at the end of the said three years, the court may
make such further order in the premises as shall be required, and shall be just.

Sec 21. Answers to such petition shall be sworn to; and in all cases where
the claim of the widow to dower may be contested, the parties contesting the same
shall be required to enter their appearance to the action, and the court shall there-
upon proceed to try the cause, or direct an issue for that purpose, as the circum-
stances of the case may require.

Sec. 22. Where any of the parties defendants are minors, and under age, and
without guardians, the court shall appoint guardians ad litem for such minors.

Sec 23. Petitions for the recovery and assignment of dower, shall be heard and
determined by the court, upon the petition, answer, exhibits and other testimony,
without the necessity of formal pleading.

Sec 24. Where the court adjudges that the widow shall recover dower, it shall
be so entered of record, together with a description of the land out of which she
is to be endowed ; and said court shall thereupon appoint three commissioners, not
connected with any of the parties, either by consanguinity or affinity, and entirely
disinterested ; each of whom shall take the following oath, to be administered by
the court, or some justice of the peace : "I do solemnly swear, that I will fairly
and impartially allot and set off to A. B., widow of C. D., her dower, out of the
lands and tenements described in the order of the court for that purpose, if the
same can be made, consistent with the interest of the estate, according to the best
of my judgment, so help me God."

202 DOWER.

Sec. 25. The commissioners shall set off and allot to said widow her dower by-
metes and bounds, according to quality and quantity of all the lands, tenements and
hereditaments described in said order of court : Provided, The widow shall have
the homestead or dwelling house of the husband, if she desire it 5 and make return
in writing under their hands and seals to said court ; which, if approved by said ,
court, shall vest in her an estate in the lands and tenements so set off and allotted to
her, for and during her natural life ; or if such estate shall have been set off and
allotted to said widow by virtue of section fifteen of this chapter, such estate shall
be vested in her absolutely, in fee simple, and of inheritance forever, subject to her
absolute use, control and disposition, as though her interest therein had been acquir-
ed by her when sole.

Sec. 26. When a widow has claim to dower in lands lying in different counties,
she may proceed in the circuit court of the county where the lands lie; or if such
lands lie in different counties, then in the county in which the major part of such
lands lie ; but if the major part thereof do not lie in any one county, then in any
county in which any of the lands lie: and make recovery in the manner as is herein
directed ; and in all cases when the report assigning dower shall be approved, the
court shall forthwith cause the widow to have possession, by a writ directed to the
sheriff for that purpose, and such widow shall also be entitled to reasonable damages,
to be awarded her from the time of her demand, and refusal to assign her her
reasonable dower; which may be assessed by the court; or a jury, if required,
shall be impanneled for that purpose, and execution may issue therefor.

Sec 27. The widow may, in all cases, retain the full possession of the dwelling
house in which her husband most usually dwelt next before his death, together with
the out-houses and plantation thereto belonging, free from molestation and rent until
her dower be assigned.

Sec. 23. If the commissioners aforesaid, shall report that the lands or other
estate is not susceptible of a division without great injury thereto, a jury shall be
impanneled to inquire of the yearly value of the widow's dower therein, and shall
assess the same accordingly ; and the court shall thereupon render a judgment, that
there be paid to such widow as an allowance in lieu of dower, on a day therein
named, the sum so assessed, as the yearly value of her dower, and the like sum on
the same day in every year thereafter, during her natural life ; and such jury shall,
moreover, if the same has been done, assess the damages which may have accrued,
down to the time of rendering the verdict.

Sec. 29. Commissioners appointed to assign dower, may make reports to the
court during the same term at which they were appointed ; and the court may, at
such term, make all such orders upon such reports, as may be necessary to a final
disposition of the case.

Sec. 30. No woman that shall be endowed of any lands, tenements and heredit-
aments, shall wantonly or designedly commit or suffer any waste thereon, on penalty
of forfeiting that part of the estate whereupon such waste shall be made, to him or
them that have the immediate estate of freehold or inheritance in remainder or
reversion, (and in case of negligent or inadvertent waste,) by her done or suffered ;
the damages that may be assessed for such waste, to be recovered by action of
waste.

Sec. 31. Heirs, or if under age, their guardians, or any other persons interes-
ted in lands, tenements or hereditaments, may also petition the court to have the
widow's dower assigned, which shall be proceeded in in the same manner as is
prescribed in other cases

DROVERS.

203

Sec. 32. Commissioners appointed to assign dower, shall be allowed each one
dollar per day, to be taxed as other costs.

Sec. 33. At the death of any widow who hath dower in lands or estate of her
deceased husband, such lands or estate shall descend in accordance with the will of
such husband ; or if the husband shall have died intestate, then to descend in accor-
dance with the law providing for the distribution of intestates' estates.

Sec. 34. No widow who shall, as executrix or administratrix, sell and convey
by order of court, for the payment of debts, real estate of her husband, in which she
shall be by law entitled to dower, shall be deemed to relinquish her right of dower
therein, by reason of such conveyance, unless her relinquishment shall be specified
in such deed or conveyance.

Approved : March 3, 1845.

CHAPTER XXXV,

DKOYERS.

Section

1. Drovers driving away stock, how punished.

2. Suit may be commenced by capias, on affidavit

tiled } effect of affidavit.

Section
3. After judgment, fieri facias may issue without
affidavit.

Section 1. Whenever any drover or other person or persons engaged in driving
horses, cattle, mules, hogs or sheep through any part of the State of Illinois, shall
drive off, or shall knowingly and willingly suffer or permit to be driven oft* from
the premises of any citizen of said State, or from the range in which the stock of
any such citizen usually run, to any distance, exceeding five miles from such prem-
ises or range, any horses, mules, neat cattle, hogs or sheep, belonging to such citi-
zen, it shall be lawful for the owner of any such stock so driven off, to follow and
reclaim the same wherever it may be found ; and for the taking and driving away,
or suffering or permitting' to be driven away, of such stock, the said owner shall be
entitled to recover of and from said drover or other person or persons guilty thereof,
for each head of horses, mules, neat cattle, hogs or sheep, so driven away, twice
the value thereof, to be recovered in an action of debt before any justice of the peace
of the proper county, or any court having competent jurisdiction thereof : Provided,
however, That if the drover shall not pass any habitation within said five miles, and
shall separate said cattle or other stock from the drove at the next habitation, in
such case, said action shall not accrue to the owner of the said property.

Sec 2. In any action commenced under the preceding section, a capias may
issue against the defendant or defendants, upon the plaintiff" stating on oath that he
believes some one or more of his cattle or other stock has been driven off by a
drover, and that he believes the same to be of a certain value, to be indorsed on
the writ, and the proceedings thereon shall be the same as in other actions com-
menced by capias : Provided, however, That no exception shall betaken to the form
of the oath aforesaid.

204

EJECTMENT.

Sec. 3. Whenever judgment shall be rendered against any person or persons,
under the provisions of this chapter, by any justice of the peace, a fieri facias may
issue thereon against the goods and chattels of any such defendant or defendants,
without affidavit as required in other cases.

Approved : March 3, 1845.

[Amended: — See Appendix, Act, No. 13.]

CHAPTER XXXVI.

EJECTMENT.

10.

Section

1 . Actions of ejectment, how brought.

2. Writ of right may be brought, by widow to re-

cover dower.

Valid interest necessary to authorize suit.

Occupant made defendant, and if no occupant,
then supposed owner.

Action, how commenced.

Use of fictitious names, &c, abolished.

Averment, what to contain.

Declaration, what it shall state.

When action not brought to recover dower, dec-
laration may contain several averments.

Notice in writing, what to contain.

1 1 . Copy of declaration to be left with occupant.

12. When premises not occupied, declaration to be

left with defendant named therein.

13. Rule may be entered, requiring defendant to ap-

pear in twenty days.

14. Authority to bring suit, when to be exhibited.

1 5. Authority and evidence thereof.

16. When application maybe dismissed at defend-

ant's costs.

17. Defendant may demur, or plead general issue,

and effect thereof.

18. Consent rule abolished.

19. Right to premises, how may be proved.

20. Lease, &c, need not be proved, but rules of evi-
dence not impaired.

When action brought by co-tenants, what shall

be proved.
When joint possession proved, verdict shall be

against all defendants in action.

23. When defendants occupy distinct parcels, plain-

tiff may elect which to proceed against.

24. Verdict, how rendered in certain cases.

25. Verdict, how made when plaintiff's right ex-

pires after commencement of suit.

26. Death, actions shall not abate by reason of.

27. Judgment, effect of, in certain cases.

28. Writ of possession, form of.
Judgment conclusive as to title, subject to ex-
ceptions.

Judgment may be vacated, and new trial granted.
Judgment by default conclusive after two years.
32. Exceptions, wherein actions may be brought af-
ter two years.

21.

22.

29.

30.

31.

Section

33. Heirs miy commence action in certain cases

after time above limited.

34. Right of plaintiff to possession, not affected by

vacations of judgment; but if defendant re -
recover in new trial, shall be entitled to writ
of possession.

35. Right of defendant when new trial granted.

36. Plaintiff recovering judgment, entitled to dam-

ages for rents and profits.

37. Mesne profits, when claimed, how to be recov-

ered.

Suggestion for claim of mesne profits, form of,
and how served.

Defendant may plead general issue of non-as-
sumpsit, &.C.

Issue of fact, how tried, and effect of.

Right of parties to recover mesne profits ; im-
provements.

Writ of inquiry shall be issued in certain ca-
ses.
43. Upon execution of writs of inquiry, how par-
ties to proceed.

Plaintiff in ejectment dying, personal represen-
tatives may proceed.

Dower, in action to recover, how plaintiff to
proceed; dower how assigned.

Compensation of commissioners.

47. When person is evicted from land; having ti-

tle deduced from record, shall be exempt from
prosecution for profits, &c.

48. Judgment of eviction, wThen given, court shall

appoint seven persons, who shall assess val-
ue of improvements, damages, &.c.

49. Assessors as aforesaid, their further duties.

50. Commissioners shall estimate value of lands in

dispute.

51. Commissioners shall take oath, and have power

to call witnesses for profits, &c.

52. Estimate of value to be made separately ; com-

pensation of commissioners, how allowed ;
improvements, proviso concerning.

53. Power of court further defined.

54. Notice of adverse claim, how may be given.

55. Effect of notice.

56. Waste, court may issue precepts to stay.

57. Lessee of United States may maintain action of

ejectment.

38.

39.

40.

41.

42.

44.

45.

16.

Section 1. The action of ejectment shall be retained, and may be brought in
the cases and the manner heretofore accustomed, subject to the provision herein-
after contained.

EJECTMENT. 205

Sec 2. It may also be brought —

1st. In the same cases in which a writ of right may now be brought by law to
recover lands, tenements or hereditaments, and by any person claiming an estate
therein in fee or for life, either as heir, devisee or purchaser.

2d. By any widow entitled to dower, or by a woman so entitled and her hus-
band, after the expiration of six months from the time her right accrued, to re-
cover her dower of any lands, tenements or hereditaments.

Sec 3. No person shall recover in ejectment, unless he has, at the time of com-
mencing the action, a valid subsisting interest in the premises claimed, and a right
to recover the same, or to recover the possession thereof, or of some share, interest
or portion thereof, to be proved and established at the trial.

Sec. 4. If the premises for which the action is brought, are actually occu-
pied by any person, such actual occupant shall be named defendant in the declara-
tion ; if they are not so occupied, the action shall be brought against some person
exercising acts of ownership on the premises claimed, or claiming title thereto, or
some interest therein, atlhe commencement of the suit.

Sec 5. The action shall be commenced by the service of a declaration, in which
the names of the real claimants shall be inserted as plaintiffs ; and all the provisions
of law concerning lessors of a plaintiff, shall apply to such plaintiffs.

Sec 6. The use of fictitious names of plaintiffs or defendants, and of the names
of any other than the real claimants and the real defendants, and the statements of
any lease or demise to the plaintiff, and of an ejectment by a casual or nominal
ejector, are hereby abolished.

Sec 7. It shall be sufficient for the plaintiff to aver in his declaration that (on
some day therein to be specified, and which shall be after his title accrued) he
was possessed of the premises in question, (describing them as hereinafter provi-
ded) and being so possessed thereof, that the defendant afterwards, (on some day
to be stated) entered into such premises, and that he unlawfully withholds from
the plaintiff the possession thereof, to his damage any nominal sum the plaintiff
shall think proper to state ; and the premises so claimed shall be described in such
declaration with convenient certainty, so that, from such description, possession of
the premises claimed, may be delivered. If such plaintiff claims any undivided
share or interest in any premises, he shall state the same particularly in such
declaration.

Sec 8. If the action be brought for the recovery of dower, the declaration shall
state that the plaintiff was possessed of the one undivided third part of the premises,
as her reasonable dower, as widow of her husband, naming him. In every other
case the plaintiff shall state whether he claims in fee, or whether he claims for his
own life, or the life of another, or for a term of years, specifying such life or the
duration of such term.

Sec 9. In any case other than where the action shall be brought for the recov-
ery of a dower, the declaration may contain several counts, and several parties may
be named as plaintiffs jointly in one count, and separately in others.

Sec 10. To such declaration there shall be subjoined a notice, in writing, by
the plaintiff or his attorney, addressed to the defendant, and notifying him — ■

1st. That the said declaration will be filed on some day in the then next term of
the court in which the action is brought, specifying such day; or, if the same be
served during the term of any court, that it will be filed on some day in such term,
specifying the same.

206 EJECTMENT.

2d. That, upon filing the same, a rule will be entered requiring such defen-
dant to appear and plead to such declaration, within twenty days after the entry of
such rule; and,

3d. That, if he neglect so to appear and plead, a judgment by default will be
entered against him, and the plaintiff will recover possession of the premises.

Sec. 11. If the premises are actually occupied, the declaration shall be served
by delivering a copy thereof, with the notice above prescribed, to the defendant
named therein who shall be in the occupancy thereof, or by leaving the same with
some white person of the family, of the age of ten years or upwards, at the dwelling
house of such defendant, if he be absent.

Sec 12. If the premises claimed are not actually occupied, the declaration and
notice shall be served on the defendant named therein, or, if he can not be found, by
leaving the same with some white person, of the age of ten years or upwards, at the
residence of the defendant ; but where the declaration shall have been served in any
other manner than upon the defendant personally, no rule to plead shall be entered
without the special order of the court.

Sec. 13. Instead of the rule to appear and enter into the consent rule as here-
tofore accustomed, the plaintiff, on the day specified for that purpose in the notice
aforesaid, or on some day thereafter, upon filing the declaration with an affidavit of
the service of a copy thereof, and of the notice hereinbefore required, shall be enti-
tled to enter a rule requiring the defendant to appear and plead within twenty days
after the entering of such rule ; and in case the defendant shall neglect so to appear
and plead within such time, his default shall be entered.

Sec 14. A defendant in ejectment may, at any time before pleading, apply to
the court, or to any judge thereof in vacation, to compel the attorney for the plain-
tiff to produce to such court or officer, his authority for commencing the action in
the name of any plaintiff therein. Such application shall be accompanied by an affi-
davit of the defendant, that he has not been served with proof, in any way, of the
authority of the attorney to use the name of the plaintiff stated in the declaration.

Sec 15. Upon such application, the court or officer shall grant an order requi-
ring the production of such authority, and shall stay all proceedings in the action
until the same shall be produced. Any written request of such plaintiff or his
agent to commence such action, or any written recognition of the authority of the
attorney to commence the same, duly proved by the affidavit of such attorney, or
other competent witness, shall be sufficient presumptive evidence of such authority.
Sec 16. If it shall appear that, previous to such application by any defendant,
he was served with a copy of the affidavit of the plaintiff's attorney, showing his
authority to bring such action, such application shall be dismissed; and such defen-
dant shall be liable for the costs of such application, the payment of which may be
compelled by attachment as in other cases, which may be issued upon proof of diso-
bedience to the order of the court or officer directing the payment of such costs.

Sec 17. The defendant may demur to the declaration as in personal actions, or
he shall plead the general issue only, which shall be that the defendant is not guilty
of unlawfully withholding the premises claimed by the plaintiff, as alleged in the
declaration ; and the filing of such plea or demurrer shall be deemed an appearance
in the cause ; and upon such plea, the defendant may give the same matter in evi-
dence, and the same proceedings shall be had, as upon the plea of not guilty in the
present action of ejectment, except as herein otherwise provided. The defendant
may likewise give in evidence any mattef, which if pleaded in the present writ of
right, or action of dower, would bar the action of the plaintiff.

EJECTMENT. 207

Sec. 18. The consent rule heretofore used is hereby abolished.

Sec. 19. It shall not be necessary for the plaintiff to prove an actual entry under
title, nor the actual receipt of any of the profits of the premises demanded ; but it
shall be sufficient for him to show a right to the possession of such premises at the
time of the commencement of the suit, as heir, devisee, purchaser or otherwise.

Sec 20. It shall not be necessary on the trial for the defendant to confess, nor
for the plaintiff to prove lease, entry and ouster, or either of them, except as provi-
ded in the next section; but this section shall not be construed to impair, nor in any
way to affect any of the rules of evidence now in force in regard to the maintenance
and defence of the action.

Sec 21. If the action be brought by one or more tenants in common, or joint
tenants against their co-tenants, the plaintiff, in addition to all other evidence which
he may be bound to give, shall be required to prove, on the trial of the cause, that
the defendant actually ousted such plaintiff, or did some other act amounting to a
total denial of his right as such co-tenant. #

Sec 22. If the action be brought against several defendants, and a joint posses-
sion of all be proved, the plaintiff shall be entitled to a verdict against all, whether
they shall have pleaded separately or jointly.

Sec 23. When the action is against several defendants, if it appear on the
trial, that any of them occupy distinct parcels in severalty or jointly, the plaintiff
shall elect, at the trial, against which he will proceed ; which election shall be made
before the testimony in the cause shall be deemed to be closed ; and a verdict shall
thereupon be rendered for the defendants not so proceeded against.

Sec 24. In the following cases the verdict shall be rendered as follows :

1st. If it b*e shown on the trial, that all the plaintiffs have a right to recover the
possession of the premises, the verdict in that respect shall be for the plaintiffs ge-
nerally.

2d. If it appear that one or more of the plaintiffs have a right to the possession
of the premises, and that one or more have not such right, the verdict shall specify
for which plaintiff the jury find, and as to which plaintiff they find for the defendant.

3d. If the verdict be for any plaintiff, and there be several defendants, the verdict
shall be rendered against such of them as were in possession of the premises, or as
claimed title thereto at the commencement of the action.

4th. If the verdict be for all the premises claimed, as specified in the declara-
tion, it shall, in that respect, be for such premises generally.

5th. If the verdict be for a part of the premises described in such declaration,
the verdict shall particularly specify such part, as the same shall have been proved,
with the same certainty hereinbefore required, in the description of the premises
claimed.

6th. If the verdict be for an undivided share or interest in the premises claim-
ed, it shall specify such share or interest ; and if for an undivided share in a part
of the premises claimed, it shall specify such share, and shall describe such part of
the premises as hereinbefore required.

7th. The verdict shall also specify the estate which shall have been established
on the trial, by the plaintiff in whose favor it shall be rendered, whether such estate
be in fee, for his own life, or for the life of another, stating such lives ; or whether
it be for a term of years, and specifying the duration of such term.

Sec 25. If the right or title of a plaintiff in ejectment expire after the com-
mencement of the suit, but before trial, the verdict shall be returned according to

20S EJECTMENT.

the fact, and judgment shall be entered that he recover his damages by reason of
the withholding of the premises by the defendant, to be assessed : and that as to
the premises claimed, the defendant go thereof without day.

Sec. 26. The action of ejectment shall not be abated by the death of any plain-
tiff, or of one of several defendants, after issue and before verdict and judgment,
but the same proceedings may be had as in other actions, to substitute the names of
those who may succeed to the title of the plaintiff so dying ; in which case the is-
sue shall be tried as between the original parties ; and in case of the death of a
defendant, the cause shall proceed against the other defendants.

Sec. 27. In cases where no other provision is made, the judgment in the action,
if the plaintiff prevail, shall be, that the plaintiff recover the possession of the
premises according to the verdict of the jury, if there was such verdict ; or, if the
judgment be by default, according to the description thereof in the declaration, with
costs to be taxed.

Sec. 28. The plaintiff recovering^ judgment shall be entitled to a writ of pos-
session, which shall be substantially in the following form :
The People, &c, to the Sheriff, &c. :

"Whereas, A. B. has lately, in the circuit court held in and for the county of
by the judgment of the said court, recovered against C. D., one mes-
suage, &c, (describing the premises recovered with the like certainty as above pro-
vided,) which said premises have been and are still unjustly withheld from the said
A. B. by the said C. D., whereof he is convicted, as appears to us of record ; and
forasmuch as it is adjudged in the said court that the said A. B. have execution upon
his said judgment against the said C. D., according to the force, form and effect of
his said recovery : Therefore, we command you, that, without delay, you deliver
to the said A. B. possession of the premises so recovered, with the appurtenances ;
and that you certify to, &c, at, &c, on, &c, in what manner you shall have execu-
ted this writ. (If there be costs to be collected, the proper clause may be here
inserted, or a separate execution may be issued therefor.)"

"Witness, &c."

Sec. 29. Every judgment in the action of ejectment, rendered upon a verdict,
shall be conclusive as to the title established, in such action, upon the party against
whom the same is rendered, and against all persons claiming from, through or un-
der such party, by title accruing after the commencement of such action, subject to
the exceptions hereinafter named.

Sec 30. The court in which such judgment shall be rendered, at any time
within one year thereafter, upon the application of the party against whom the
same was rendered, his heirs or assigns, and, upon the payment of all costs and
damages recovered thereby, shall vacate such judgment, and grant a new trial in
such cause ; and the court, upon subsequent application made within one year after
the rendering of the second judgment in said cause, if satisfied that justice will
thereby be promoted, and the rights of the parties more satisfactorily ascertained
and established, may vacate the judgment, and grant another new trial; but no
more than two new trials shall be granted under this section.

Sec 31. Every judgment in ejectment, rendered by default, shall, from and
after two years from the time of entering the same, be conclusive upon the defen-
dant, and upon all persons claiming from or through him by title accruing after the
commencement of the action ; but within two years after the entering of such judg-
ment, on the application of the defendant, his heirs or assigns, and upon the payment

EJECTMENT. 209

of all costs and damages recovered thereby, the court may vacate such judgment and
grant a new trial, if such court shall be satisfied that justice will be promoted, and
the rights of the parties more satisfactorily ascertained and established.

Sec 32. But if the defendant in such declaration, at the time of the entering of
the judgment by default, be either, 1st, within the age of twenty-one years ; or, 2d,
insane ; or, 3d, imprisoned on any criminal charge, or in execution upon seme
conviction of a criminal offence for any term less than for life ; or, 4th, a married
woman, the time during which such disability shall continue, shall not be deemed
any portion of the said two years ; but any such person may bring an action for
the recovery of such premises after that time, and within two years after such disa-
bility shall be removed, but not after that period.

Sec. 33. If the person entitled to commence such action shall die during the
continuance of any disability specified in the preceding section, and no determination
or judgment be had of or upon the title, right, or action so to him accrued, his heirs
may commence such action after the time above limited for that purpose, and within
two years after his death.

Sec. 34. If the plaintiff shall have taken possession of the premises by virtue
of any recovery in ejectment, such possession shall not in any way be affected by
the vacating of any judgment as herein provided ; and if the defendant recover in
any new trial hereby authorized, he shall be entitled to a writ of possession, in the
same manner as if he were plaintiff.

Sec 35. Upon any new trial granted as herein provided, the defendant may
show any matters, in bar of a recovery, which he might show to entitle him to the
possession of the premises if he were plaintiff in the action.

Sec 36. The plaintiff recovering judgment in ejectment in any of the cases in
which such action may be maintained, shall also be entitled to recover damages
against the defendant for the rents and profits of the premises recovered.

Sec 37. Instead of the action of trespass for mesne profits heretofore used, the
plaintiff seeking to recover such damages, shall, within one year after the entering
of the judgment, make and file a suggestion of such claim, which shall be entered,
with the proceedings thereon, upon the record of such judgment, or be attached
thereto, as a continuation of the same.

Sec 38. Such suggestion shall be substantially in the same form as is now in
use for a declaration in an action of assumpsit for the use and occupation, as near
as may be ; and it shall be served on the defendant in the same manner hereinbe-
fore prescribed respecting the service of a declaration in ejectment ; and the same
rules of pleading thereto shall be observed as upon declarations in personal actions.

Sec 39. The defendant may plead the general issue of non-assumpsit, and,
under such plea, may give notice of, or may plead specially, any matter in bar of
such claim, except such as were or might have been controverted in such action of
ejectment; but he may plead or give notice of a recovery by such defendant, or any
other person, of the same premises, or of part thereof, subsequent to the verdict
in such action of ejectment, in bar or in mitigation of the damages claimed by the
plaintiff.

Sec 40. If any issue of fact be joined on such suggestion, it shall be tried as
in other cases ; and if such issue be -found for the plaintiff, the same jury shall as-
sess his damages to the amount of the mesne profits received by the defendant since
he entered into possession of the premises, subject to the restrictions hereinafter
contained.

14

210 EJECTMENT.

Sec. 41. On the trial of such issue, the plaintiff shall be required to establish,
and the defendant may controvert, the time when such defendant entered into the
possession of the premises, the time during which he enjoyed the mesne profits
thereof, and the value of such profits ; and the record of the recovery in the action
of ejectment shall not be evidence of such time. On such trial, the defendant shall
have the same right to set off any improvements made on the premises, to the
amount of the plaintiff's claim, as is now or shall hereafter be allowed by law ;
and in estimating the plaintiff's damages, the value of the use by the defendant of
any improvements made by him shall not be allowed to the plaintiff.

Sec. 42. If no issue of fact be joined on such suggestion, or if judgment there-
on be rendered against the defendant by default, on demurrer or otherwise, a writ
of inquiry, to assess the value of such mesne profits, shall be issued, of the execu-
tion of which the same notice shall be given to the defendant, or his attorney, as in
other cases.

Sec. 43. Upon the execution of such writ, the plaintiff shall be required to es-
tablish the same matters hereinbefore required in the case of an issue being joined,
and the del'endant may in like manner controvert the same, and make any set-off
to which he shall be entitled ; and the jury shall assess the damages in the same
manner. The same proceedings shall be had on such writ, and it shall be returned
as in other cases, with the inquisition taken thereon. Upon such inquisition, or
upon the verdict of the jury in the case of the issue being joined, the court shall
render judgment, as in actions of assumpsit, for use and occupation, which shall
have the like effect in all respects.

Sec 44. If the plaintiff in ejectment shall have died after issue joined or judg-
ment therein, his personal representatives may enter a suggestion of such death, of
the granting letters testamentary or of administration to them, and may suggest
their claim to the mesne profits of the premises recovered, in the same manner, and
with the like effect, as the deceased ; and the same proceedings in all respects shall
be had thereon.

Sec 45, If the action be brought to recover the dower of any widow, which
shall not have been admeasured to her before the commencement of such action,
instead of a writ of possession being issued, such plaintiff shall proceed to have
her dower assigned to her in manner following:

1. Upon the rendition of judgment, the court, upon the motion of the plaintiff,
shall appoint three respectable and disinterested freeholders, commissioners for the
purpose of setting off and allotting to the plaintiff her dower out of the lands de-
scribed in the record; and the commissioners so appointed shall proceed in like
manner, possess the like powers, and be subject to the like obligations and control,
as commissioners appointed pursuant to law to make assignment of dower, and par-
tition of real estate.

2. Upon the approval of the report of the commissioners by the court, a writ of
possession shall be issued to the sheriff of the proper county, describing the prem-
ises assigned for the dower, and commanding the sheriff to put the plaintiff in pos-
session thereof.

Sec 46. The commissioners to be appointed under this chapter shall be allow-
ed, as a compensation for their services, the sum of two dollars per day each, to be
taxed as other costs.

Sec 47. Every person who may hereafter be evicted from any land for which
he can show a plain, clear and connected title in law or equity, deduced from the

EJECTMENT. 211

record of some public office, without actual notice of an adverse title in like man-
ner derived from record, shall be exempt and free from all and every species of
action, writ, or prosecution for, or on account of any rents or profits, or damages,
which shall have been done, accrued or incurred at any time prior to receipt of
actual notice of the adverse claim, by which the eviction may be effected, provided
such person obtained peaceable possession of the land.

Sec. 48. The court, who shall pronounce and give judgment of eviction, either
in law or equity, shall, at the time nominate seven fit persons, any five of whom
shall have power, and it shall be their duty to go on the premises, and after view-
ing the same, on oath or affirmation, to assess the value of all such lasting and val-
uable improvements which shall have been made thereon, prior to the receipt of
such notice as aforesaid ; and also, to assess all damages the land may have sustain-
ed by the commission of any kind of waste, or by deduction of soil by cultivation,
or otherwise during the occupancy of the person evicted, and subtract the same
from the estimated value of the said improvements, which assessment, signed and
sealed by the persons making the same, shall be by them lodged with the clerk of
the court wherein they were nominated, before the next ensuing term, or as soon
thereafter as may be convenient ; and at the next court, after such assessment, it
shall be entered up as a judgment in favor of the person evicted, and against the
successful claimant of the land, by the clerk ; upon which judgment, execution shall
immediately be issued by the clerk, if directed by the person evicted, unless the
successful claimant shall give bond and security to be judged of by the court, to the
person evicted, and to be taken at the time of entering up such judgment, condi-
tioned to pay the same within twelve months from the date thereof, with five per
cent, interest thereon : Provided, The balance shall ultimately be in favor of such
occupying claimant, according to the directions and provisions of this chapter, which
bond shall have the force of a judgment, and at the expiration of twelve months
aforesaid, an execution shall be issued upon the same by the clerk of the court in
which it was taken, at the request of the party entitled thereto, on oath being made
that the same is yet due. Should the balance be in favor of the successful claim-
ant, judgment in like manner shall be entered up in his favor, against the other
party, for the amount of the same, upon which execution may be issued as afore-
said, unless bond and security be given to such claimant, which may be acted upon
in the manner before directed, and to declare what shall be the law between ad-
verse claimants, under distinct titles of the kinds aforesaid after notice.

Sec 49. The persons nominated by the court as aforesaid, when making an
assessment, shall carefully distinguish between such improvements, as were made
on the land prior to notice, and those which were made after notice ; and when
making an assessment, they shall also take into consideration all such necessary and
lasting improvements as shall have been made on the lands, after the receipt of
such notice as aforesaid, and shall ascertain the amount of the value thereof; and
they shall also take into consideration and ascertain the amount of the rent and
profits arising from the whole of the improvements on the land from the time that
notice of such adverse claim was received by such occupying claimant, and then
after taking the amount of one from the other, the balance shall be added or sub-
tracted from the amount of the value of the improvements which shall have been
made before the receipt of the notice aforesaid, as the nature of the case shall
require.

212 EJECTMENT.

Sec 50. The commissioners shall also estimate the value of the lands in dispute,
exclusive of any improvements that shall have been made thereon, and make report
of the amount of such valuation to the court, and if the value of the improvements
shall exceed such estimated value of the land in dispute, in that case it shall and
may be lawful for the proprietor of the better title, to transfer or convey, as the
nature of the case may require, his better title to the occupying claimant, and there-
upon judgment shall be entered up in his favor, against the occupying claimant, for
such estimated value, upon which an execution may issue, unless the occupying
claimant shall give bond and security to he approved by the court, to pay the
amount of such judgment, within one year after the person transferring or convey-
ino- as aforesaid, with interest from the date, which bond shall have the force of a
judgment, and if not paid at the expiration of the year, an execution may issue, in
the manner before directed by this chapter: Provided, That the proprietor of the
better title shall, in every such case, at the time of entering up judgment in his
favor, give bond and security to be approved by the court, to the occupying
claimant, to refund the amount of such judgment, in case the land so transferred or
conveyed, shall ever thereafter be taken from him by any other prior or better
claim.

Sec 51. The persons nominated by the court, by virtue of this chapter, shall
be called commissioners, and shall respectively take an oath or affirmation to do
equal right to the parties in controversy ; and shall also have power and authority
to call witnesses, and administer the necessary oaths, and to examine them for the
ascertainment of any fact material in the inquiry and assessment by this chapter
directed.

Sec 52. The said commissioners in making every estimate of value by virtue
of this chapter, shall state separately the result of each, and the court shall have
power to make such allowance to the said commissioners in any case, as shall seem
just, which allowance shall be taxed and collected as costs : Provided, That this
chapter shall not be extended to affect or impair the obligation of contracts, or to
authorize the occupying claimant to be twice paid for his improvements ; and in all
cases where the occupying claimant is paid for his improvements by any other per-
son than the proprietor of the better title, such person shall have the same redress
as is allowed to the occupying claimant.

Sec 53. The court shall have the same power to proceed by appointing com-
missioners to assess the value of improvements, and the damages by the commission
of any kind of waste, by reduction of soil, by cultivation or otherwise, during the
occupancy of the person evicted in case of arbitration, or by consent of the par-
ties, on motion without suit.

Sec 54. Notice of any adverse claim or title to the land within the meaning
of this chapter, shall have been given by bringing a suit either in law or equity,
for the same, by the one or other of the parties, and may hereafter be given by
bringing a suit as aforesaid, or by delivering an attested copy of the erjtry, survey
or patent, from which he derives his title or claim, or leaving any such copy with
the party, his wife, or other free person above the age of sixteen years, on the
plantation : Provided, however, That notice given by the delivery of an attested copy
as aforesaid, shall be void, unless suit is brought within one year thereafter: Pro-
vided, That in no case shall the proprietor of the better title be obliged to pay to the
occupying claimant for improvements made after notice, more than what is equal to
the rents and profits aforesaid.

ELECTIONS.

213

Sec. 55. Notice to any occupying claimant shall bind all those claiming from,
by or through such occupying claimant, to the extent of such claim.

Sec 56. Nothing herein contained shall be construed so as to prevent any court
from issuing a precept to stay waste, and ruling the party to give bond and security
in such manner as such court may think right.

Sec. 57. In all cases in which any person has heretofore entered upon and
occupied, or shall hereafter enter upon and occupy, any lands, tenements or heredit-
aments within this State, by virtue of any lease or permit, from the United States
or this State, such person, his, her or their heirs or assigns, may have and maintain
an action of ejectment against any person who has or may enter upon such lands,
tenements or hereditaments, without the consent of such lessee, his, her or their
heirs or assigns; and proof of the right of possession shall be sufficient to authorize
a recovery. '

Approved: March 3, 1845.

CHAPTER XXXVII.

ELECTIONS.

Section

1. Electors of Presilent and Vice President, when

to he voted for, and number of; and election,
how conducted, and returns made.

2. Abstract of votes for electors to be transmitted

to Governor, &.c, who, with secretary of State,
auditor ana treasurer shall open and canvass
returns, and declare who are elected; and in
case of tie, proceedings thereon.

3. Result to be published, and certificates trans-

mitted to persons elected.

4. Electors, when and where shall meet, and their

compensation.

5. Vacancy in electoral college, how filled.

6. General elections, when held.

7. Precincts, how formed; and judges, how ap-

pointed.

8. Judges, when shall be appointed, and number for

each precinct.
8. Clerks of elections, how chosen, and tenure of

judges and clerks.
10. Clerks of county commissioners' courts to issue

notices of election, and form thereof.
IT. Vacancy in office of judge, how filled.

12. Qath of judges and clerks.

13. Judges may administer oaths in certain cases.

14. Polls, time of opening and closing.

15. Manner of voting.

16. Where electors may vote.

17. Penalty for voting more than once at the same

election.

18. Voters, qualifications of.

19. Oath of voter shall entitle him to vote, unless

proved false.

20. Penalty for illegal voting.

21. Order at the polls, how preserved, and penalty

for violation.

22. County commissioners may appoint constable

to preserve order.

Section

23. Poll books, how made out, and form thereof.

24. Disposition of poll books, and penalty for neg-

lect of duty.

25. Abstract of votes, how made, and clerk to give

certificate of election.

26. When two or more counties are in one district,

votes to be compared in senior county ; clerks
to give certificate of election ; and expenses
of election, how paid.

27. Compensation of judges and clerks, how made

out and paid.

28. Tie, in case of, how decided.

29. Abstract of votes, copy of, to be sent to secre-

tary of State.

Representatives to Congress, votes for, by whom
canvassed, and Governor to give certificate of
election. In case of tie, to be decided by lot.

When returns not received by secretary of State,
messenger to be sent, and compensation there-
for.

32. Vacancy in office of senator or representative,

how filled.

33. When vacancy occurs during session of the le-

gislature, what notice may be given.

34. Governor, vacancy in office of, how and when

filled.

35. Sheriff or coroner, office of, when vacant, Gov-

ernor to issue writ of election.

36. Representative to Congress, office of, when va-

cant, Governor to appoint day of election.

37. Judges and clerks of election, violation of duty

of, how punished.

38. Voter swearing falsely, judges may refuse vote,

and penalty for receiving vote without oath,
when challenged.

39. Penalty for judge refusing to receive vote of le-

gal voter, when ottered under provisions of
eighteenth section.

30.

31.

214

ELECTIONS.

Section

40. Penalty for clerk neglecting or refusing to per-

form duty.

41. Poll book, for injuring or destroying, how pun-

ished.

42. When election contested, how decided.

43. Contested election, duty of defendant and jus-

tices of the peace.

44. Justices may subpoena witnesses, and penalty of

witness for non-attendance.

45. Attachments may issue against witnesses, and

justices shall take their testimony.
4G. Penalty for justice refusing to act.

Section

47. Duty of justices further defined.

48. Testimony of contesting party must relate to

points specified in notice ; power of justices.

49. Costs of contest for county officers to be paid

by unsuccessful party ; appeal allowed.

50. Proceedings in contested elections further de-

fined.

51. Elections by General Assembly, how conducted.

52. Betting, penalty therefor.

53. Money, property or thing wagered not necessary

to be put up to constitute olience, as defined
in this chapter.

Section 1. There shall be elected by general ticket, on the first Monday of
November, preceding the expiration of the term of each President of the United
States, as many electors of President and Vice President of the United States, as
this State may be entitled to elect, which election shall be conducted and returns
thereof made as hereinafter provided : Provided, That should Congress have fixed
a different day, or shall hereafter fix a different day for such election, then the
election for electors shall be held on such day fixed or to be fixed by act of
Congress.

Sec. 2. The clerks of the several county commissioners' courts, shall, within
eight days next after holding an election for electors as is provided for in this chap-
ter, make three copies of the abstract of votes for electors, and transmit by mail one
of said copies to the Governor or person administering the government, another to
the office of the secretary of State, and retain the third in his office, to be sent for
by the Governor, in case both the others should be mislaid. Within twenty days after
the holding of such election, and sooner if all the returns are received by either the
Governor or person administering the government, or by the secretary of State, the
secretary of State, auditor of public accounts and treasurer, or any two of them, shall,
in the presence of the Governor or person administering the government, proceed to
open and canvass said election returns, and to declare the persons having the highest
number of votes elected; but should any two or more persons be returned with an
equal and the highest vote, the said secretary of State shall cause a notice of the
same to be published in the paper printed by the public printer, which notice shall
name some day and place, not less than five days from the time of the publication of
such notice, upon which the said secretary, auditor and treasurer, will decide by
lot which of said persons so equal and highest are elected ; and upon the day and
at the place so appointed in said notice, the said secretary, auditor and treasurer, or
any two of them, shall, in the presence of the Governor or person administering the
o-overnment, decide by lot which of the persons so equal and highest shall be
elected.

Sec 3. The Governor or person administering the government, shall cause
the result of the said election to be published in the paper printed by the public
printer, and shall transmit by mail to the persons elected, certificates of their
election.

Sec 4. The electors chosen as aforesaid, shall meet at the seat of government
of this State, at the time appointed by the laws of the United States, and give their
votes in the manner therein provided, and perform such duties as are or may be
required by law. Each elector shall receive for every twenty miles necessary
travel in going to the seat of government to give his vote, and in returning to his
re.-idence, to be computed by the most usual route, the sum of three dollars, to be
paid on the warrant of the auditor, out of any money in the treasury, not otherwise
appropriated.

ELECTIONS. 215

Sec 5. In case any person, declared duly elected an elector of President and
Vice President of the United States, shall fail to attend at the state house, at the
seat of government of this State, at or before the hour of twelve o'clock at noon, of
the day on which his vote is required to be given, it shall be the duty of the elector or
electors of President and Vice President, attending at that time and place, to appoint
a person or persons to fill such vacancy : Provided, That should the person or
persons, chosen by the people as aforesaid, arrive at the place aforesaid, before the
votes for President and Vice President are actually given, the person or persons
appointed to fill such vacancy, shall not act as elector of President and Vice
President.

Sec. fa*. All general elections for the election of Governor, Lieutenant Governor,
representatives to Congress, senators and representatives to the General Assem-
bly, and county officers, shall be held on the first Monday of August, in each year
in which the said officers are hereinafter directed to be chosen ; which elections
shall be conducted as hereinafter prescribed.

Sec 7. The county commissioners' courts of the several counties in this State, are
hereby authorized to divide their respective counties into as many election precincts,
for all general and special elections, as they may think expedient for the convenience
of the voters of said county, and to appoint as many sets of judges of elections, to
receive votes at the county seats, as they may think necessary ; and shall designate
the house or place in each precinct, and in the precinct including the county seat,
the house or houses, place or places, at which elections are to be holden ; and the
precincts and places of holding elections, so established, shall so remain until
changed by the county commissioners' court : And all general and special elections
shall be held at the places so designated, until changed as aforesaid : Provided,
always, That it shall be the duty of the county commissioners' court at any time, to
change any place of holding elections, upon a petition of a majority of voters resi-
ding within the precinct.

Sec 8. The said county commissioners' courts shall, respectively, at the last
stated term preceding any election, appoint three capable and discreet persons, pos-
sessing the qualifications of electors, to act as judges of the election in each election
precinct ; and the clerk of the said court shall make out and deliver to the sheriff
of the county, immediately after the appointment of said judges, a notice thereof in
writing, directed to the judges so appointed; and it shall be the duty of the said
sheriff, within twenty days after the receipt of said notice, to serve said notice upon
each of the said judges of election.

Sec 9. The said judges of the election shall choose two persons, having similar
qualifications with themselves, to act as clerks of the election. The said judges
of the election shall be and continue judges of all elections of civil officers to be
held within their precinct, until other judges shall be appointed as hereinbefore di-
rected ; and the said clerks of election may continue to act as such during the plea-
sure of the judges of the election. And the county commissioners' courts shall,
from time to time, fill all vacancies which may take place in the office of judge of
the election, in any election precinct within their respective counties.

Sec 10. The clerks of the several county commissioners' courts shall, at least
thirty days previous to any general election, and at least twenty days previous to
any special election, make out and deliver to the sheriff of his county, three written
notices thereof for each precinct, said notices to be, as nearly as circumstances will
admit, as follows, to-wit: " Notice is hereby given, that on Monday, the day

216 ELECTIONS.

of next, at the house of in precinct, in the county of an

election will be held for Governor, one Lieutenant Governor, one representative to
the Congress of the United States, one senator, three representatives in the General
Assembly of this Stale, one sheriff, one coroner, three county commissioners, &c,
(as the case may require,) which election will be opened at eight o'clock in the
morning, and will continue open until six o'clock in the afternoon of the same day.
Dated at this day of in the year of our Lord one thousand eight

hundred and A. B.,

clerk of the county commissioners' court of countv."

And the said sheriff to whom such notices shall be delivered as aforesaid, shall post
up in three of the most public places in each precinct, the three notices referring to
such precinct, at least fifteen days before the time of holding any general election,
and at least eight days before the time of holding any special election.

Sec. 11. If any person appointed to act as a judge of the election as aforesaid,
shall neglect or refuse to be sworn or affirmed to act in such capacity, the place of
such person shall be filled by any justice of. the peace, residing within the precinct,
to be nominated by the other judge or judges of the election; and if there be no
other justice present to act as judge, the other judge or judges of the election shall
nominate one or more capable and. discreet elector or electors, residing within the
precinct, to fill such vacancy or vacancies ; and if there be no judge of the election
present to fill such vacancy or vacancies by nomination, then such vacancy or vacan-
cies shall be filled by the votes of such qualified electors, residing within the pre-
cinct, as may then be present at the place of election; and the justice or justices,
person or persons, so elected or nominated to fill such vacancy or vacancies, shall
be, and are hereby vested with the same power as if appointed by the county com-
missioners' court.

Sec 12. Previous to any votes being taken, the judges and clerks of the elec-
tion shall severally take an oath or affirmation, in the following form, to-wit : "■ I,
A. B., do solemnly swear, (or affirm, as the case may be,) that I will perform the
duties of judge, (or clerk, as the case may be,) according to law and the best of rat-
ability; that I will studiously endeavor to prevent fraud, deceit and abuse, in con-
ducting the same."

Sec 13. In case there shall be no judge or justice of the peace present at the
opening of the election, or in case such judge or justice shall be appointed a judge
or clerk of the election, it shall be lawful for the judges of the election, and they are
hereby empowered to administer the oaths or affirmations to each other, and to the
clerks of the election ; and the person administering such oaths or affirmations, shall
cause an entry thereof to be made and subscribed by him, and prefixed to the poll-
books.

Sec 14. At all elections to be held under this chapter, the polls shall be opened
at the hour of eight in the morning, and continue open until six o'clock in the after-
noon of the same day, at which time the polls shall be closed : Provided, however,
That if no judge shall attend at the hour of eight in the morning, and it shall be
necessary for the electors present to appoint judges to conduct the election, as here-
inbefore prescribed, the election may, in that case, commence at any hour before the
time for closing the polls shall arrive, as the case may require : And, provided also,
That the judges of the election may, if they shall deem it necessary, for the pur-
pose of receiving the votes of all the electors wishing to vote, postpone the closing
of the polls until twelve o'clock at night. And upon opening the polls, one of the

ELECTIONS. 217

clerks, under the direction of the judges, shall make proclamation of the same, and
thirty minutes before the closing of the polls, proclamation shall be made in like
manner that the polls will be closed in half an hour.

Sec 15. Electors shall vote, by first announcing their own names to the judges
and clerks of the election, and then the names of the persons for whom they wish
to vote ; and the clerk shall enter their names and votes accordingly : Provided,
That a voter may vote by presenting an open ticket to the judges, containing the
names of the persons for whom he votes, and the offices ; and the said judges shall
read the same to the voter, and the clerks, with the assent of the voter, set the
same down in their books, as in other cases.

Sec. 16. It shall be lawful for any elector to vote for Governor, Lieutenant Go-
vernor and electors of President and Vice President of the United States, at any
place of holding an election within' this State ; for representative to Congress, e.t any
place of holding an election within the congressional district in which such elector
resides ; for senator and representatives to the General Assembly, at any place of
holding an election within the senatorial or representative district in which he resides ;
for sheriff, coroner and county commissioners, at any place of holding an election
in the county in which he resides : But for justices of the peace and constables,
he shall not vote out of the precinct in which he resides.

Sec 17. If any elector shall vote more than once at any election held under the
authority of (his chapter, he shall be fined, in the sum of one hundred dollars, to be
recovered by indictment before any court of competent jurisdiction; and the whole
of such fine shall be appropriated to the use of the county in which the offence may
have been committed.

Sec 18. At any and all elections held in this State, all white male inhabitants
above the age of twenty-one years, and having resided in the State six months next
preceding such election, shall enjoy the right of an elector, whether such elector
has been naturalized or not : Provided, That when any such person shall present
himself to give his vote, and either of the judges shall suspect that such person
does not possess the aforesaid qualification of age and residence, or either, or if his
vote shall be challerged by any elector who has previously voted at such election,
the judges of the election shall tender to such person the oath or affirmation in the
following form: "I, A. B., do solemnly swear, (or affirm, as the case may be,)
that I am a resident of the county of , in the State of Illinois, that I have resi-

ded in this State for the period of six months immediately preceding this election,
that I have, to the best of my knowledge and belief, attained to the age of twenty-
one years, and that I have not voted at this election."

Sec 19. If any person so offering his vote at such election, shall take such oath
or affirmation, or shall offer to take such oath or affirmation, as prescribed in the
preceding section, his vote shall be received, unless it shall be proved by evidence
satisfactory to a majority of the judges that such oath or affirmation is false; and if
such person shall refuse to take such oath or affirmation, his vote shall be rejected ;
and if any person shall take the oath or affirmation as is before named, knowing such
oath or affirmation to be false, he shall be deemed guilty of wilful and corrupt per-
jury, and punished accordingly.

Sec 20. If any person shall vote at any election, who is not a qualified voter,
he shall forfeit and pay any sum not exceeding fifty dollars, nor less than twenty-
five, to be recovered in the same manner as other penalties under this chapter.

218 ELECTIONS.

Sec 21. For the preservation of order, as well as the security of the judges
and clerks of the election from insult and abuse, it shall be the duty of any consta-
ble or constables residing within the precinct, who shall be designated for the purpose,
by the judges of the election, to attend at all elections within such precinct; and
should no constable attend at such election, the judges of election are hereby authori-
zed and empowered to appoint one or more special constables to assist in preserving
order during the election : and the judges are hereby empowered to impose a fine, not
exceeding twenty dollars, on any person or persons who shall conduct in a diso:--
derly and riotous manner, and persist in such conduct after having been warned of
its consequences ; and on refusal to pay the same, to commit him or them to the
common jail of the county, for any time, not exceeding twenty days, or until the fine
shall be paid; and the constable to whom the order shall be directed, and the jailer
of the county, are hereby required to execute such order, and receive such person
or persons so committed, as though it had been issued or delivered by a magistrate
in due form of law.

Sec 22. The county commissioners' court in each county, may, if necessary,
appoint some constable to attend each precinct, and {'reserve order during said elec-
tion ; and the said constable shall have authority to call to his aid a sufficient num-
ber of citizens to suppress any riot or other disorderly conduct during said election,
and there shall be paid to said constable out of the county treasury, a sum not ex-
ceeding one dollar a day for said services.

Sec 23. When the votes shall have been examined and counted, the clerks
shall set down in their poll books, the name of every person voted for, written at
full length, the office for which such person received such vote or votes, and the
number he did receive, the number being expressed in words at full length ; such
entry to be made as nearly as circumstances will admit, in the following form, to-
wit : " At an election held at the house of in precinct, in the county of

and State of Illinois, on the day of in the year of our Lord one thousand

eight hundred and , the following named persons received the number of votes
annexed to their respective names, for the following described offices, to-wit :
A B had fifty-three votes for Governor.
C D had fifty-one votes for Governor.
E F had sixty-two votes for Lieutenant Governor.
G H had sixty votes for Lieutenant Governor.
I K had eighty votes for representative in Congress.
L M.had seventy -three votes for senator.
N O had sixty-five votes for representative.
P Q had fifty-nine votes for representative.
R S had fifty-seven votes for sheriff.
T U had twenty-two votes for coroner.
V W had thirty votes for county commissioner :
(and in the same manner for any other persons or officers, voted for.)
" Certified by us,

A B, 1

C D, s Judges of the election.

E F, )

Attest : G H, ) " . . .. . ,. . „

t j > Clerks oi the election.

Sec 24. The judges of the election shall then inclose and seal one of the poll
books, under cover, directed to the clerk of the county commissioners' court of the

ELECTIONS. 219

county in which such election is held ; and the packet thus sealed, shall be convey-
ed by one of the judges or clerks of the election, to be determined by lot if they
can not otherwise agree, and delivered to the said clerk of the county commission-
ers' court at his office, within four days from the close of the polls ; and the other
poll book shall be deposited with one of the judges of the election, to be deter-
mined as aforesaid ; and the poll book shall be subject to the inspection of any.
elector who may wish to examine it. And if any judge or clerk of an election,
after having been deputed by the judges of the election at which he shall have
served as judge or clerk, to carry the poll book of such election to the clerk of the
county commissioners' court of the county, shall fail or neglect to deliver such poll
book to the said clerk within the time prescribed by law, safe, with the seal un-
broken, he shall, for every such offence, forfeit and pay the sum of five hundred
dollars for the use of the county, to be recovered in the name of the commissioners
of the county, by an action of debt in the circuit court.

Sec. 25. On the seventh day after the close of the election, or sooner, if all
the returns be received, the clerk of the county commissioners' court, taking to
his assistance two justices of the peace of his county, shall proceed to open the
said returns, and make abstracts of the votes in the following manner: the abstract
of the votes for Governor and Lieutenant Governor shall be on one sheet, and the
abstract of votes for representatives to Congress shall be on another sheet, and the
abstract of votes for senator and representatives to the General Assembly shall be
on another sheet, and the abstract of votes for county officers shall be on another
sheet ; or if the election shall have been holden for Presidential electors, the ab-
stract of votes shall be on one sheet j and it shall be the duty of the said clerk of
the county commissioners' court, immediately to make out a certificate of election
to each of the persons having the highest number of votes for senator and repre-
sentatives to the General Assembly, and county officers, respectively, and to de-
liver such certificate to the person entitled to it, on his making application for that
purpose to the clerk at his office.

Sec 26. But where two or more counties are united in one senatorial or rep-
resentative district, the clerk of the county commissioners' court of the county last
established, shall, within twelve days after the day of the election, attend at the office
of the clerk of the county commissioners' court of the senior county, and there, in
conjunction with the clerk or clerks of the senior county or counties, shall com-
pare the votes given in the several counties composing such senatorial or represen-
tative district; and said clerks shall immediately make out a certificate of the elec-
tion of the person or persons having the highest number of votes in such coun-
ties for senator or representative to the General Assembly : which certificate shall
be delivered to the person entitled to it, on his application to the clerk of the
county commissioners' court of the senior county, at his office ; and it shall be the
duty of the county commissioners' court of the county where the polls are so
compared, to compute the number of miles each clerk or other person shall travel
in going and returning from the county where he is so appointed, to the place of
comparing the polls ; and it shall be the duty of the county commissioners' court,
where the polls are so compared, to make an allowance to said clerks or other
persons who may take the vote of each county as aforesaid, a compensation, not
exceeding six cents per mile, going to and returning from said place of comparing,
to be paid equally out of the county treasuries of the respective counties in which
said clerk or other person may be appointed ; and it shall be the further duty of the

220 ELECTIONS.

county commissioners' courts when the polls are so compared, to make an estimate of
all the expense so incurred by the counties respectively voting together, and divide
the same among said counties so voting, respectively, and shall give to each clerk or
other person a certified statement of the same, under the seal of said court ; and it
shall be the duty of the county commissioners' court of the county where said
elerk or other person shall be appointed, on the production of said certified state-
ment, to pay to said clerk or other person the amount which appears to be due him
out of the county treasury.

Sec. 27. It shall be the duty of the clerk of the county commissioners'
court in each county, on the receipt of the election returns of any general or special
election, to make out his certificate, stating therein the compensation to which the
judges and clerks of each election may be entitled for their services, and lay the
same before the next commissioners' court of the county ; and the said court shall
order the compensation aforesaid to be paid out of the county treasury.

Sec 28. If the requisite number of senators or representatives, or county
officers, shall not be elected by reason of any two or more persons having an equal
and the highest number of votes for one and the same office, the clerk or clerks
whose duty it is to compare the polls, shall give notice to the several persons so
having the highest and an equal number of votes, to attend at the office of the proper
clerk, at a time to be appointed by the said clerk or cleiks, who shall then and
there proceed publicly, to decide by lot, which of the persons so having an equal
number of votes shall be declared duly elected ; and the said clerk or clerks shall
make out and deliver to the person thus declared duly elected, a certificate of his
election as herein before provided.

Sec. 29. The clerk of the county commissioners' court, immediately after making
out abstracts of votes given in his county, shall make a copy of each of said
abstracts, and transmit it by mail to the office of the secretary of State ; the abstract
of votes for Governor and Lieutenant Governor being addressed to the speaker of
the house of representatives, and inclosed with the other abstracts to the secretary's
office as aforesaid; and it shall be the duty of the secretary of State, at the opening
of the succeeding session of the General Assembly, to deliver all such abstracts of
votes for Governor and Lieutenant Governor, or for either of them, to the speaker
of the house of representatives.

Sec 30. The secretary of State, auditor, treasurer and attorney general, or any
two of them, in the presence of the Governor, shall proceed, within fifty days after
the election, and sooner if all the returns be received, to canvass the votes given
for representatives to Congress ; and the Governor shall grant a certificate of elec-
tion to the person or persons having the highest number of votes, and shall also
issue a proclamation, declaring the election of such person or persons. In case
there shall be no choice, by reason of any two or more persons having an equal
number of votes, the election shall be determined by lot, under the direction of the
Governor, in the manner prescribed in the twenty-eighth section of this chapter.

Sec 31. If the returns of the election of any county in this State, shall not be
received at the office of the secretary of State, within thirty days alter the day of
election, the said secretary shall forthwith send a messenger to the clerk of the
county commissioners' court of such county, whose duty it shall be to furnish the
said messenger with a copy of such returns ; and the said messenger shall be paid
out of the State treasury the sum of ten cents for each mile he shall necessarily
travel in going to, and returning from the office of the said clerk.

ELECTIONS. 221

Sec. 32. When any vacancy shall happen in the office of senator or represen-
tative to the General Assembly, by death, removal or otherwise, it shall be the
duty of the clerk of the county commissioners' court of the county, if one county
only compose the senatorial or representative district, as soon as he shall have been
informed thereof, to notify the Governor of such vacancy, and if there be more than
one county comprised within the limits of such senatorial or representative district,
it shall be the duty of the clerk of the county commissioners' court of the senior
county in such district, so to notify the Governor, and the Governor shall issue a
writ of election, directed to the sheriif of the county in which such vacancy shall
happen, commanding him to notify the several judges of election in his county, to
hold a special election to fill such vacancy or vacancies, at a time to be appointed by
the Governor : Provided, That if there is to be no session of the General Assembly
between the happening of such vacancy and the time of the general election, it
shall not be necessary to order a special election to fill such vacancy.

Sec. 33. Elections to fill vacancies in either branch of the General Assembly,
occuring during the sessions of the Legislature, may be held on such notice, not less
than five nor more than twenty days, as the Governor may direct in the writ of
election issued to fill such vacancy.

Sec 34. If any vacancy shall happen in the office of Governor by death, resig-
nation, removal from office, or refusal by the Governor elect to take the requisite
oath of office, it shall be the duty of the secretary of State to notify the clerks of
the county commissioners' courts of the several counties in this State, that at the
next succeeding general election of members of the General Assembly, or electors of
President and Vice President, (as the case may be,) an election will be held to fill
such vacancy : Provided, however, That the secretary shall not give such notice,
nor shall such special election of Governor take place unless the vacancy shall have
happened at least forty days previous to such general election for members of the
General Assembly, or of electors of President and Vice President of the United
States, nor unless a regular session of the General Assembly shall intervene be-
tween the time when such vacancy shall have happened and the succeeding quad-
rennial election of Governor.

Sec. 35. When any vacancy shall happen in the office of sheriff or coroner,
either by death, resignation or otherwise, the clerk of the county commissioners*
court in which such vacancy shall happen, shall immediately notify the Gover-
nor of such vacancy ; and it shall be the duty of the Governor to issue a writ of
election, and* direct the time when such election shall be held, the said writ to be
directed to the said clerk.

Sec 36. When any vacancy shall happen in the office of representative to Con-
gress from this State, it shall be the duty of the Governor to issue his proclamation,
appointing a day to hold a special election to fill such vacancy.

Sec 37. If any judge of the election, or clerk, or any other officer or person
in any manner concerned in conducting the election, shall wilfully neglect, impro-
perly delay or refuse to perform any of the duties required by this chapter, after
having undertaken to perform such duties, he shall forfeit and pay to the State the
sum of forty dollars ; and if any such judge of the election, clerk or other officer
or person, in anywise concerned in conducting the election, shall knowingly admit
any person to vote, not qualified according to law, or shall knowingly receive and
count more than one vote from one person, at the same election for one office, or
shall be guilty of fraud, corruption or partiality, or manifest misbehavior, in any

222 ELECTIONS.

matter or thing relating to said election, each and every person so offending shall
forfeit and pay to the county the sum of one hundred dollars, to be recovered in
any court of record in the State, in the name of the State for the use of the county,
in an action of debt, with costs of suit, or at the suit of any person who may sue
for the same, one-half for the use of the person sueing and the other half for the
use of the county ; and every such person so offending as aforesaid, shall moreover,
on conviction, be rendered incapable of holding any office within this State for the
term of ten years thereafter.

Sec. 38. Nothing in this chapter shall be so construed, as to prevent the
judges of election from refusing to receive the vote of any person when it shall be
proved to the satisfaction of a majority of them, that in taking the said oath he shall
have sworn falsely. And if any judge of election shall order to be received the
vote of any person who, being challenged, shall not take the oath or affirmation pre-
scribed by law, such judge of election, so offending, shall forfeit and pay the sum of
fifty dollars, to be recovered by action of debt, in the name of the State, or of any
person sueing therefor, the one-half of said fine for the use of the county, and the
other half for the use of the person sueing.

Sec. 39. If any judge or judges of election shall refuse to receive the vote of
any such person so residing in this State, six months before election, and being at
the time of offering his vote, twenty-one years of age, as stated in the eighteenth
section of this chapter, and he shall comply or offer to comply with the eighteenth
section of this chapter, then every judge, or the judges so refusing or neglecting
to receive the vote of the person aforesaid, and to record it as a legal vote, shall be
liable to be indicted, and on conviction, shall be fined five hundred dollars, and im-
prisoned, not exceeding thirty days, in the county jail ; and such judge or judges
may also be sued in an action on the case, by the person aforesaid, and upon proof
of such refusal or neglect in said judge or judges to receive and record the vote of
such person so offering to vote, damages may be recovered of such judge or judges,
not exceeding five hundred dollars.

Sec 40. If the clerk of the county commissioners' court shall neglect or re-
fuse to. perform the duties as pointed out in this chapter, he shall be liable to be in-
dicted, and on conviction shall be fined, in a sum not exceeding five hundred dollars,
and imprisoned, not exceeding thirty days, and may be sued in an action of tres-
pass on the case, for damages, not exceeding five hundred dollars, by the person
injured by reason of the neglect or refusal of such clerk.

Sec 41. If any person shall mutilate or erase any name or figure, or word, in
a poll book taken or kept at any election, or if any person shall take away such
poll book from the place where it has been deposited for safe keeping, with an in-
tention of destroying the same, or to procure or prevent the election of any person,
or if any person shall destroy any poll book so taken and kept at any election, he
or she shall be liable to be indicted, and on conviction, shall be fined five hundred
dollars, and imprisoned, not exceeding sixty days in the county jail.

Sec 42. When any candidate shall desire to contest the validity of any election,
or the right of any person declared duly elected, to hold the office to which such
candidate claims the right, such candidate shall give notice of his intention in wri-
ting, to the person whose election he intends to contest, or leave a notice thereof
at his usual place of residence, within thirty days after the day of election, expres-
sing the points on which the same will be contested, the name of one of the
justices of the peace who will attend at the taking of the depositions, the place

ELECTIONS. 223

where, and the time when the said depositions will be taken ; which time so fixed
upon for the taking of the depositions, shall not exceed sixty days from the day of
election.

Sec. 43. The party whose election is contested, may select another justice of
the peace to attend at the trial. Should the party whose election is contested, refuse
or neglect to select a justice as aforesaid, the justice chosen by the person contes-
ting the election as aforesaid, shall make such selection for him. The two justices
so selected or chosen, shall make choice of a third justice ; and if they can not
agree upon a third justice to act with them, they shall make such selection by lot ;
and the three justices thus selected, or either of them, shall have power, and they
are hereby authorized and required, to issue subpoenas and such other process as
may be necessary to secure the attendance at such trial, of all persons whose testi-
mony may be required by either party, in the same manner as is provided in other
cases of proceedings before justices of the peace.

Sec. 44. The said justices, or any one of them, shall, in all such cases, have
power to issue subpoenas for witnesses to any county in this State, directed to the
sheriff of such county, who shall make service and return as in other cases. And
any witness, duly subpoenaed, refusing or neglecting to appear and testify, shall, in
addition to the penalties otherwise imposed by law, forfeit and pay a fine of fifty
dollars, to be recovered by action of debt, in any court having cognizance thereof,
one-half to the county, and one-half to the person sueing for the same.

Sec 45. The said justices, or any one of them, may issue attachments for wit-
nesses so neglecting or refusing to attend, who may be brought before them ; and
at any time before the day for the decision of the question between the contesting
parties, the said justices shall, at the request of either, after giving notice to the other
party of five days, if resident in their county, or ten days, if residing out of their
county, proceed to take the testimony of such witnesses, to be used in the case.

Sec. 46. If any justice of the peace selected as aforesaid, to attend at the tak-
ing of the depositions, shall, without reasonable excuse, fail or refuse to attend at
the time and place appointed, after having undertaken to attend, he shall forfeit and
pay a fine of fifty dollars, to be recovered by action of debt, in any court having
cognizance thereof, one-half to the county, and the other half to the person who
will sue for the same.

Sec 47. The said justices shall hear and examine all the evidence offered on
either side. If the contest be respecting any county office, they shall decide
which of the said candidates shall have been duly elected, and certify the same to
the clerk of the county commissioners' court of (he proper county, who shall there-
upon make out and deliver to the successful party a certificate of his election. If
such contest be respecting a seat in the Senate or House of Representatives of this
State, the said justices shall hear and reduce to writing, all the testimony taken in
the case, and certify and transmit the same under seal, together with all other pa-
pers and documents pertaining to the case, to the speaker of the Senate or House
of Representatives as the case may be.

Sec 48. No testimony shall be heard by the said justices on the part of the
person contesting the election, which does not relate to the points specified in the
notice. Such justices shall have power to appoint a clerk, and may adjourn from
day to day, until their duties shall be completed. They shall have the same power
to preserve order, and to punish disorders and contempts, as justices of the peace
may exercise, when holding court.

224 ELECTIONS.

Sec. 49. In all contests for county offices, in which the justices hearing the
case, are authorized to decide, they shall enter judgment on the docket of the jus-
tice last chosen, for all the costs of such contest, against the unsuccessful party,
upon which execution may issue as in other cases. Either party may appeal from
the decision of such justices to the circuit court as in other cases of appeal from the
judgment of a justice of the peace, the decision of which court shall he final.

Sec 50. In all contests other than for county offices, the proceedings for taking
testimony hereinbefore provided, may be had in each county in which it is neces-
sary to take testimony, and the like returns shall in each case be made. In those
cases in which the justices examining, do not decide the contest, they shall not be
compelled to certify or transmit the testimony and documents pertaining to the case,
until the reasonable costs of the examination and of certifying the same, are tender-
ed or paid ; and the party who is finally unsuccessful shall be liable for such costs, to
the person who shall have paid the same. But if neither party shall require or
cause such testimony and documents to be transmitted, then judgment may be en-
tered and execution had, as before provided, against the party at whose instance
sucli examination was instituted.

Sec 51. In all elections by the General Assembly, or by either house thereof,
(elections of justices of the supreme court, and judges of inferior courts except-
ed,) the members shall vote viva voce, and their votes shall be entered upon the
journals. Elections by joint vote of the two houses shall be made in the hall of
the house of representatives, at such time as shall have been previously appointed
by juint resolution of the two houses ; and at all such joint meetings, the speaker
of the house of representatives shall preside. Elections of justices of the supreme
court and judges of inferior courts shall be made by joint ballot of both houses, in
the hall of the house of representatives, the speaker of which shall appoint a mem-
ber of each house to act as tellers. No person shall be declared duly elected by
the General Assembly, or either branch thereof, until he shall have received a ma-
jority of all the votes given, blank votes included.

Sec 52. If any person shall, at any time hereafter, bet or wager any money,
property or other valuable thing, upon the result of any election which may be
held under the constitution or laws of this State, or shall bet or wager money,
property or other valuable thing, upon the number of votes which may be given
to any one or more persons, at any election held as aforesaid, or upon who will re-
ceive the greatest number of votes at any such election ; or if any person shall
agree to pay to any other person, any money, property or other valuable thing, in
the event that any election as aforesaid shall result in one way, or in the event that
any one or more persons shall or shall not be elected, or shall receive a greater
number of votes than others, such person shall be liable to indictment, and, upon
conviction thereof, shall be fined, in any sum not exceeding one thousand dollars.

Sec 53. It shall not be necessary to the commission of the offenee specified in
the foregoing section, that the money, property or valuable thing, bet or wagered,
shall be exhibited or staked at the time of making such bet or wager, or at any other
time.

Approved: March 3, 1845.

CHAPTER XXXVIII.

ESCHEATS.

Section

l.( Real estate, when may vest in the State.

2. When lands escheat to State, duty of circuit at-

torney and circuit court.

3. Claimants may appear and plead ; other proceed.

ings defined.

4. Disposition of lands, when judgment rendered

iii favor of State.

Section

5. Appeal, right of parties to.

6. Auditor to keep accounts of moneys and lands ;

how and in what time may recover money ;
how lands may be recovered by claimants ;
within what time application must be made ;
rights of infants, married women, &.C., re-
served.

Section 1. If any person shall die seized-of any real or personal estate, with-
out any devise thereof, and leaving no heirs or representatives capable of inheriting
the same, or the devisees thereof be incapable of holding the same ; and in all cases
where there is no owner of real estate capable of holding the same, such estate shall
escheat to, and vest in the State.

Sec 2. When the attorney general or any circuit attorney shall be informed, or
have reason to believe, that any real estate within his district hath escheated to the
State, by reason that any person hath died seized thereof, without devising the
same, and leaving no heir capable of inheriting the same ; or by reason of the in-
capacity of the devisee to hold the same, and such estate shall not have been sold
according to law, within five years after the death of the person last seized, for the
payment of the debts of the deceased ; or when he shall be informed, or has cause to
believe, that any such estate within his district hath otherwise escheated to the State,
it shall be his duty to file an information in behalf of the State, in the circuit court
of the county in which such estate is situate, setting forth a description of the estate,
the name of the person last lawfully seized, the names of the terre tenants and per-
sons claiming such estate, if known, and the facts and circumstances in consequence
of which such estate is claimed to have escheated, and alleging that by reason
thereof, the State of Illinois hath right by law to such estate : Whereupon such
court shall award and issue a scire facias against such person or persons, bodies
politic or corporate, as shall be alleged in such information, to hold, possess or
claim such estate, requiring them to appear and show cause why such estate should
not be vested in the State, at the next term of such court; which scire facias shall
be served at least fifteen days before the return day thereof; and the court shall
moreover, make an order, setting forth briefly the contents of such information, and
requiring all persons interested in the estate, to appear and show cause, if any they
have, at the next term of the said court, why the same should not be vested in the
State ; which order shall be published for six weeks successively in some newspa-
per printed in this State, and in or nearest to the county in which such proceeding
is had ; the last insertion to be at least two weeks before the commencement of the
term at which the parties are required to appear.

Sec. 3. All persons, bodies politic and corporate, named in such information as
terre tenants or claimants to the estate, may appear and plead to such proceedings,
and may traverse or deny the facts stated in the information, the title of the State.
15

226 ESCHEATS. ,

to the lands and tenements therein mentioned, at any time, on or before the third
day of the return of such scire facias ; and any other person claiming an interest in
such estate, may appear and be made a defendant, and plead as aforesaid, by motion
for that purpose in open court, within the time allowed for pleading as aforesaid ;
and if no person shall appear and plead, or appearing, shall refuse to plead within
the time, then judgment shall be rendered that the State be seized of the lands and
tenements in such information claimed ; but if any person shall appear, and deny the
title set up by the State, or traverse any material facts in the information, an issue
or issues shall be made up and tried, as other issues of fact, and a survey may be
ordered and entered as in other actions, where the title or boundary of lands is
drawn in question ; and if, after the issues are tried, it shall appear from the facts
found or admitted, that the State hath good title to the lands and tenements in the
information mentioned, or any part thereof, judgment shall be rendered, that the
State be seized thereof, and recover costs of suit against the defendant.

Sec. 4. When any judgment shall be rendered, that the State be seized of any
land, tenements or hereditaments, such judgment shall contain a certain description
of such estate, and shall be effectual for vesting the title in the State ; and a writ
shall be issued, directed to the sheriff of the same county, commanding him to seize
and take the lands, tenements and hereditaments so vested in the State, into his
hands ; and upon the return of such writ of seizure, the attorney general or circuit
attorney prosecuting such information, shall cause the record and process to be
exemplified under the seal of the court, and deposit the same in the office of the
auditor of public accounts, and shall also cause a transcript of the judgment to be
recorded in the office of the recorder of the county in which the land lies ; and such
judgment shall preclude all parties and privies thereto, their heirs and assigns, so
long as such judgment shall remain in force.

Sec 5. Any party who shall have appeared to any proceeding as aforesaid, and
the attorney general or circuit attorney, on behalf of the State, shall respectively
have the same right to prosecute an appeal or writ of error upon any judgment as
aforesaid, as parties in other cases.

Sec 6. The auditor of public accounts shall keep just and true accounts of all
moneys paid into the treasury, and of all lands vested in the State as aforesaid ; and
if any person shall appear within ten years after the death of the intestate, and claim
any money paid into the treasury as aforesaid, as heir or legal representative, such
person may file a petition to the circuit court, as a court of chancery for the county
in which the seat of government may be, stating the nature of his claim, and praying
such money may be paid to him; a copy of which petition shall be served upon the
attorney general, who shall put in an answer to the same, and the court shall there-
upon examine the said claim, and the allegations and proofs, and if it shall find that
such person is entitled to any money paid into the treasury, such court shall, by
an order, direct the auditor of public accounts to issue his warrant on the treasurer
for the payment of the same, but without interest or costs ; a copy of which order,
under the seal of the court, shall be a sufficient voucher for the issuing such war-
rant. And if any person shall appear and claim any lands vested in the State as
aforesaid, within five years after the judgment was rendered, it shall be lawful for
such person (other than such as were served with a scire facias or appeared to the
proceeding, their heirs or assigns,) to file his petition in the circuit court, (as a
court of chancery,) of the county in which the lands claimed, lie, setting forth the
nature of his claim, and praying that the said lands may be relinquished to him ; a

ESTRAYS.

227

copy of which petition shall be served on the attorney general, or circuit attorney of
the district, who shall put in an answer, and the court thereupon shall examine said
claim, and the allegations and proofs ; and if it shall appear that such person is
entitled to the lands claimed, the court shall decree accordingly, which shall be
effectual for divesting the interest of the State in or to the lands ; but no costs shall
be adjudged against the State ; and all persons who shall fail to appear and lile
their petitions within the times limited aforesaid, shall be forever barred ; saving,
however, to infants, married women and persons of unsound mind, or persons be-
yond the limits of the United States, the right to appear and file their petitions as
aforesaid, at any time within five years after their respective disabilities are re-
moved : Provided, however, That the General Assembly may cause such lands to
be sold at any time after seizure, in such manner as may be provided by law. In
which case the claimants shall be entitled to the proceeds, in lieu of the land, upon
obtaining a decree or order as aforesaid.

Approved: March 3, 1845.

CHAPTER XXXIX.

ESTRAYS.

Section

1. Estrays, persons taking up, how to proceed.

2. Appraisements, how made.

3. Taker up, and justice of the peace, their duties.

4. Duty of county commissioners' clerk.

6, Two or more estrays may be included in one
entry.

6. Neat cattle, sheep, hog or goat not to be taken

up from first April to first November ; fees for
taking up.

7. Proof of taking up, how made.

8. When estray proved and taken away before ap-

praisement, charges to be paid.

9. Estrays not to be used before advertising, ex-

cept in certain cases.

10. Advertisement of estray horse, mare or colt,

mule or ass, to be made in paper of public
printer.

11. When no owner appears, property vested in

taker up.

12. Penalty for trading, selling, or taking away es-

tray before one year ; and how disposed of
when not claimed within one year.

Section 1,

Section

13. Estray horse, mare, colt, mule or ass, running

at large out of the settlements, may be taken
up, and how disposed of.

14. When owner does not claim within one year,

property may be sold; nevertheless, owner
may appear within two years and claim bal-
ance due from such sale.

15. Justice of the peace, penalty for failing to pay
over money for estray sold.

If estray dies before owner claims, taker up not
liable ; and penalty for illegal taking up, or
failing to comply with requisitions of this
chapter.

Boat or water craft, taker up how to proceed,
and duty of justices of the peace.

How taker up to proceed when value does not
exceed twenty dollars; but when value ex-
ceeds twenty dollars, duty of clerk.

Fees, to whom and how paid, and amount of.
20. Penalty, when not otherwise herein specified ;
its amount ; in whose name and before whom
suits may be brought.

1C.

17.

1!

19.

Every person who shall take up any estray horse, mare, colt, mule
or ass, after having given not less than ten nor more than fifteen days' notice, by
posting up notices in three of the most public places in the justice's district in
which he resides, shall take the same before some justice of the peace of the county
where such estray shall be taken up, and make oath before such justice, that the
same was taken up at his or her plantation or place of residence in said county, and
that the marks or brands have not been altered since the taking up.

223 ESTRAYS.

Sec. 2. The said justice shall then issue his warrant to three disinterested
housekeepers in the neighborhood, unless they can otherwise be had, causing them
to come before him to appraise said estray, after they or any two of them being
sworn to appraise such estray, without partiality, favor or affection; which apprais-
uient, together with the marks, brands, stature, color and age of such horse, mare
or colt, mule or ass, shall be entered in a book to be kept by such justice, and cer-
tified under his hand, and transmitted to the clerk of the county commissioners'
court of such county, within fifteen days after the same is taken up.

Sec. 3. Any person who shall take up any head of neat cattle, sheep, hog or
goat, after having given the notice required in section one of this chapter, shall go
with some householder before a justice of the peace of the county, and make oath
before him as is required in taking up an estray horse, mare or colt, mule or ass,
and then such justice shall take from such housekeeper, upon oath, a particular
description of the marks, brands, color and age of every such neat cattle, sheep,
hog or goat, and said justice shall cause the said estrays to be appraised, in like
manner as is required to be done in case of a horse, mare or colt, mule or ass ;
which description and valuation shall be entered by such justice in a book to be
kept by him as aforesaid, and by such justice transmitted to the clerk of the county
commissioners' court of the county, to be by him kept as before directed : Provi-
ded, That in all cases where the value of such neat cattle, sheep, goat or hog, does
not exceed five dollars, said justice shall not be required to make a return to the
clerk as aforesaid ; but shall enter in his estray book the description and appraise-
ment value of such sheep, hog or goat, and advertise the same in three of the
most public places in his neighborhood.

Sec 4. Every such clerk shall cause a copy of such description and valuation
of every neat cattle, sheep, hog and goat returned to him, to be publicly affixed at
the court house door of his county, writhin five days after the same shall be trans-
mitted to him as aforesaid, for which he shall receive the same fee as for entering
the same in a book.

Sec 5. If two or more estrays of the same species, are taken up by the same
person at the same time, they shall be included in one entry and one advertisement,
and in such case, such justice and clerk shall receive no more pay than for one of
such species.

Sec 6. No person shall be allowed hereafter to take up and post any head of
neat cattle, sheep, hog or goat, between the month of April and the first day of No-
vember, unless the same may be found in the lawful fence or inclosure of the taker
up, having broken in the same ; and for a reward of taking up, there shall be paid
by the owner, one dollar for every horse, mare or colt, mule or ass ; and for every
head of neat cattle, fifty cents ; and for every hog, sheep or goat, twenty-five cents,
together with all reasonable charges.

Sec 7. Proof of the giving of notice as required in the first and third sections
of this chapter, may be made by the oath of the person advertising, or a credible
witness, previous to the appraisement.

Sec 8. If the owner of any such animals shall prove and take them away, be-
fore the appraisement thereof, he shall pay to the person who has care of the same,
all reasonable charges for taking up and keeping the same.

Sec 9. It shall not be lawful for persons taking up estrays, to use the same
previous to advertising them, unless it be to milk cows, and the like, for the benefit
and preservation of such animals.

ESTRAYS. 229

Sec. 10. It shall be the duty of the clerk of the county commissioners' court,
when the description and valuation of any estray horse, mare or colt, mule or ass,
shall be transmitted to him by the justice as aforesaid, and in ten days thereafter
make out a copy thereof, and transmit the same to the public printer of the State,
and indorse thereon, "Estray papers," together with the sum of one dollar, to pay
the said printer ; which sum the taker up is required to deposit with the clerk
prior to the expiration of said ten days. It shall be the duty of the public printer
to publish said advertisement, and transmit one copy of each number of his paper
to each of the clerks of the county commissioners' court of the several counties
of this State, free of charge, which shall be regularly filed by said clerks in their
respective offices for the examination of those who may desire it.

Sec. 11. And if no owner appear and prove his property within one year
after such publication, the property shall be vested in the taker up ; nevertheless,
the former owner may, at any time thereafter, by proving his property, recover the
valuation money, upon payment of costs and all reasonable charges.

Sec 12. And if any person shall trade, sell,- or take away any such estray or
estrays out of the State, for any purpose whatever, before the expiration of said
one year, he or she so offending, shall be liable to indictment in the circuit court of
the proper county, and on conviction thereof, shall be fined in a sum double the
value of the property, one-half to the owner thereof, and the other half to the county
treasury ; and when the owner of any estray head of neat cattle, sheep, hog or
goat, does not prove his propertjr within twelve months after the same has been
published at the door of the court house as aforesaid, and when the valuation does
not exceed five dollars, the property shall be vested in the taker up ; but when the
valuation shall exceed five dollars, and no owner appear within the time aforesaid,
the property shall also be vested in the taker up; nevertheless, the former owner
may, at any time, by proving his property, recover the valuation thereof, upon pay-
ment of all reasonable costs and charges ; and if the taker up and the owner can
not agree upon the charges, they shall call upon three disinterested householders,
whose decision shall be binding on both parties ; and it shall not be lawful for any
person to take up any estray, (except such as shall be hereinafter excepted,) un-
less he shall be a freeholder or a housekeeper.

Sec 13. Any person finding a stray horse, mare, colt, mule or ass, running at
large without any of the settlements of this State, may take up the same, and shall
immediately take such estray or estrays before the nearest justice of the peace, and
make oath that he has not altered the marks or brands of such estray, since taking
up ; and if such taker up shall be a freeholder or housekeeper within that county,
it may and shall be lawful for him, to post such estray or estrays as hereinbefore
directed in this chapter, as if the same had been taken up on his plantation or place
of residence ; and when the taker up shall not be qualified as aforesaid, he shall
take the oath before required, and deliver such estray or estrays to the said justice,
who shall cause the same to be dealt with as directed by this chapter.

Sec 14. If no owner appear to prove his property within one year, such
estray or estrays' shall be sold to the highest bidder, giving public notice of such
sale twenty days previous thereto, the purchaser giving a bond and approved secu-
rity, payable to the county commissioners' court of the county where such estray
shall be taken up ; and after paying the taker up all reasonable charges, the bal-
ance shall be put into the county treasury by the said justice, who shall take a re-
ceipt for the same from the county treasurer ; nevertheless, the former owner, at

230 ESTRAYS.

any time within two years after taking up, by proving his property before the clerk
of the county commissioners' court of said county, or before the justice of the peace
before whom the property was taken up, and obtaining a certificate thereof, from
the clerk of said court or justice of the peace, to the treasurer, shall receive the
balance aforesaid.

Sec. 15. And when any justice of the peace shall fail to pay any money for
any estray or estrays to be sold agreeably to this chapter, into the county treasury,
within three months after selling such estray or estrays, such justice shall forfeit
and pay the sum of twenty dollars, with costs, to be recovered by action of debt,
before any justice of the peace of the county, or other court having jurisdiction
thereof, the one-half for the use of the county, and the other half for the use of
any person suing for the same ; and moreover, be liable to pay the price of such
estray or estrays., with interest thereon.

Sec. 16. If any estray or estrays, taken up as aforesaid, shall die or get
away before the owner shall claim his or her right, the taker up shall not be liable
for the same ; and if any person shall take up any estray or estrays, at any other
place within the inhabited parts of this State than his or her plantation or place of
residence, or without being qualified as required by this chapter, he shall forfeit
and pay the sum of ten dollars, with costs, recoverable before any justice of the
peace of the county where the offence shall have been committed, and not having
property sufficient to pay such fine, he shall be liable to be confined one month in
the jail of the county where he may be found, being found guilty of such offence
according to law ; and any person taking up any estray or estrays out of the limits
of the settlements of this State, and failing to comply with the requisitions of this
chapter, shall be liable to the same penalties ; and if any person, taking up any
estray or estrays of any species, fail to comply with the requisitions of this chap-
ter, he shall, for every such offence, forfeit and pay to the informer, the sum of ten
dollars with costs, recoverable before any justice of the county where such offence
shall be committed ; one-half to the use of the county, and the other half to the use
of the person suing for the same.

Sec 17. If any person or persons shall hereafter stop or take up any keel
or flat boat, ferry flat, batteau, pirogue, canoe, or other vessel or water craft, or raft
of timber, or plank found adrift on any water course within the limits or upon the
borders of this State, and the same shall be of the value of five dollars or upwards,
it shall be the duty of such person or persons, within five days thereafter, (provi-
ded the same shall not before that time be proven and restored to the owner,) to go
before some justice of the peace of the proper county, and make affidavit in writ-
ing, setting forth the exact description of such vessel or craft, when and where the
same was found, whether any, and if so, what cargo was found on board, and that
the same has not been altered or defaced, either in whole or in part, since the tak-
ing up, either by him, her or them, or by any other person or persons, to his, her or
their knowledge ; and the said justice shall thereupon issue his warrant, directed
to some constable of his county, commanding him forthwith, to summon three re-
spectable householders of the neighborhood, if they can not otherwise be had, whose
duty it shall be, after being sworn by said justice, to proceed without delay to
examine and appraise such boat or vessel, and cargo, if any, and make report there-
of, under their hands and seals, to the justice issuing such warrant, who shall enter
such appraisement, together with the affidavit of the taker up, at large in his estray
book } and it shall be the further duty of said justice, within ten days after the said

ESTRAYS. 231

proceedings shall have been entered in his estray book as aforesaid, to transmit a cer-
tified copy thereof to the clerk of the county commissioners' court of his county,
to be by him recorded in his estray book, and tiled in his office.

Sec. 18. In all cases where the appraisement of such boat or water craft, in-
eluding her cargo, shall not exceed the sum of twenty dollars, the taker up shall
advertise the same on the door of the court house, and in three of the most public
places in the county, within ten days after the justice's said certificate shall have
been entered on the records of the county commissioners' court ; and if no person
shall appear to prove and claim such boat or water craft, within six months from
the time of taking up as aforesaid, the property in the same shall vest in the taker
up ; but if the value thereof shall exceed the sum of twenty dollars, it shall be the
duty of the clerk of the county commissioners' court, within twenty days from the
time of the reception of the justice's said certificate at his office, to cause an ad-
vertisement to be set up on the door of the court house, and also a notice thereof
to be sent to the public printer as aforesaid, who shall publish the same as afore-
said; and if the said vessel be not claimed and proven within six months from said
advertisement, the same shall be vested in the taker up ; nevertheless, the former
owner may, at any time thereafter, recover the valuation money by proving his
property and allowing to the taker up a reasonable compensation for his trouble,
and costs and charges.

Sec. 19. In all cases where services shall be performed by any officers or other
person or persons under this chapter, the following fees or compensation shall be
allowed, to-wit : To the justice of the peace for administering oath to the taker up
or finder, making an entry thereof, with the report of the appraisers, and making
and transmitting a certificate thereof to the clerk of the county commissioners'
court, fifty cents ; to the clerk or justice for taking proof of the ownership of, and
granting a certificate of the same, twenty-five cents ; for registering each certifi-
cate transmitted to him by any justice as aforesaid, twelve and a half cents ; for
advertisements, including the newspaper publications, fifty cents in addition to the
cost of such publication ; to the constable for each warrant so served on appraisers,
twenty-five cents ; and to each appraiser the sum of twenty-five cents 5 which said
fees shall be paid by the taker up to the person entitled thereto, whenever said
services shall be rendered. All which costs and charges shall be reimbursed to
the taker up or finder, in all cases where restitution of the property shall be made
to the owner, in addition to the reward to which such person may be entitled for
taking up as aforesaid.

Sec 20. If any person shall act contrary to the duties enjoined by this chap-
ter, for which no penalty is hereinbefore pointed out, the person so offending shall,
on conviction thereof, forfeit and pay for every such offence, not less than five
nor more than one hundred dollars, to be sued for in the name of the proper county,
before any justice of the peace or other court having cognizance thereof.

Approved : March 3, 1845.

CHAPTER XL.
EVIDENCE AND DEPOSITIONS.

Section

1. Statutes of the United States, State and Terri-

tories, shall be evidence, when printed by
proinjr authority.

2. Authorized reports of decisions may be read in

evidence.

3. Copies of proceedings and judgments before

justices of the peace, when duly certified,
may be read in evidence.

4. Official certificate of register or receiver of land

office of United States, deemed evidence in
certain cases.

5. Land patent, its effect as evidence of title in

patentee.

6. Laws of other States and Territories, exemplifi-

cations of, by secretaries of State, admissible
as evidence.

7. In suits against partners, names of individuals

not necessary to be proved in certain cases.

8. Proof of joint liability of defendants, or their

christian or surnames, when not required.

9. Certified copies of proceedings of corporations,

prima facie evidence.
10. Non-resident witnesses, depositions of, how to
be obtained.

Section

11. Resident witnesses, depositions of, how to be

obtained.

12. Depositions, how taken.

13. Deemed good and competent evidence.

14. Witnesses, by whom and how maybe called and

examined.

15. Compensation of witnesses, and by whom paid.
lt>. Party interested in event of suit, not permitted

to dictate, write, or draw up deposition; eflect

of so doing.
17. Seal not to be broken, unless by permission of

court ; penalty therefor.
IS. When and by whom depositions may be read.

19. Dedimus potestatem, when may be sued out,

and proceedings thereon.

20. Previous notice to be given of taking deposi-

tions, before suing out dedimus, and further

proceedings defined.
Before whom depositions maybe taken, and who

may attend ; further proceedings relative

thereto.
After death of deponent, deposition may be used

as evidence.
Negro, mulatto or Indian shall not be witness,

and who deemed mulatto.

21.

22.

•23.

Section 1. The printed statute books of the United States, and of this State,
and of the several States ; of the teritories and late territories of the United States,
printed under the authority of said States and territories, shall be evidence in all
courts and places in this State, of the acts. therein contained.

Sec 2. The books of reports of decisions of the supreme court and other
courts of the United States, of this State, and of the several States and the ter-
ritories thereof, published by authority of such courts, may be read as evidence of
the decisions of such courts.

Sec 3. Copies of the proceedings and judgments before justices of the peace,
certified by the justice or justices under his or their hands and seals, before whom such
proceeding or judgment is had, shall be received as evidence of such proceeding or
judgment. Where such certified copy is to be used as evidence in any county other
than that in which the justice or justices so certifying shall reside, the same shall
not be received as evidence, unless a certificate from the clerk of the county com-
missioners' court, (with the seal of the court,) shall be annexed thereto, certify-
ing that on the day on which such proceeding was had, or judgment rendered, such
justice so granting the same, was a justice of the peace, duly commissioned and
sworn.

Sec 4. The official certificate of any register or receiver of any land office of
the United States, to any fact or matter on record in his office, shall be received
in evidence in any court in this State, and shall be competent to prove the fact so
certified. The certificate of any such register, of the entry or purchase of any
tract of land within his district, shall be deemed and taken to be evidence of title

EVIDENCE AND DEPOSITIONS. 233

in the party who made such entry or purchase, or his heirs or assigns, and shall
enable such party, his heirs or assigns, to recover the possession of the land de-
scribed in such certificate, in any action of ejectment or forcible entry and detainer,
unless a better legal and paramount title be exhibited for the same.

Sec 5. A patent for land, shall be deemed and considered a better legal and
paramount title in the patentee, his heirs or assigns, than the official certificate of
any register of a land office of the United States, of the entry or purchase of the
same land.

Sec 6. An exemplification by the secretary of this State, of the laws of the
other States and territories, which have been, or shall hereafter be transmitted by
order of the executive or legislatures of such otber States or territories, to the
Governor of this State, and by him deposited in the office of said secretary, shall
be admissible as evidence in any court of this State.

Sec 7. In trials of actions upon contracts, express or implied, where the
action is brought by partners, or by joint payees or obligees, it shall not be neces-
sary for the plaintiff, in order to maintain any such action, to prove the co-partner-
ship of the individuals named in such action, or to prove the christian or surnames
of such partners, or joint payees or obligees ; but the names of such co-partners,
joint payees or obligees shall be presumed to be truly set forth in the declaration,
petition or bill : Provided, That nothing herein contained, shall prevent the defen-
dant in any such action, from pleading in abatement as heretofore, or of proving on the
trial, either that more persons ought to have been plaintiffs, or that more persons
have been made plaintiffs than have a legal right to sue, or that the christain or sur-
name is other and different from the one stated in the declaration, petition or bill ;
in which event the defendant's rights shall be as at common law.

Sec 8. In actions upon contracts express or implied, against two or more
defendants, alleged to have been made or executed by such defendants, as partners
or joint obligors or payors, proof of the joint liability or partnership of the defendants,
or their christain or surnames, shall not, in the first instance, be required to entitle
the plaintiff to judgment, unless such proof shall be rendered necessary by plead-
ing in abatement, or the filing of pleas denying the execution of such writing, veri-
fied by affidavit, as required by law.

Sec 9. Copies of all papers, books or proceedings, or parts thereof, apper-
taining to transactions in their corporate capacity, of any town or city heretofore
incorporated, or now incorporated, or that may hereafter be incorporated, under a
general or special law of this State, certified to be true copies by the clerk or the
keeper of the same under the seal of said town or city, or under the private seal
of said clerk or keeper if there be no public seal ; the said clerk or keeper also
certifying that he is entrusted with the safe keeping of the originals of which he
gives certified copies, shall be received as prima facie evidence of the facts so
certified, in all the courts of this State, in any suit or proceeding pending before
them.

Sec 10. When the testimony of any non-resident witness or witnesses shall be
necessary in any civil cause depending in any court of law or equity in this State, it
shall be lawful for the party wishing to use the same, on giving to the adverse party
or his attorney, ten days previous notice, together with a copy of the interrogatories
intended to be put to such witness or witnesses, to sue out from the proper clerk's
office a dedimus poUstatem or commission, under the seal of the court, directed to
any number of persons, not exceeding three, as commissioners, or to any judge or

234 EVIDENCE AND DEPOSITIONS.

justice of the peace of the county or city in which such witnesses may reside,
authorizing and requiring him or them to cause such witness or witnesses to come
before him or them, at such time and place as he.or they may designate and appoint,
and faithfully to take his, her or their deposition or depositions upon all such inter-
rogatories as may be inclosed with, or attached to said commission, both on the
part of the plaintiff and defendant, and none others ; and to certify the same when
thus taken, together with the said commission and interrogatories, into the court in
which such cause shall be depending, with the least possible delay.

Sec 11. When the testimony of any resident witness or witnesses shall be
necessary in any suit in chancery in this State, it shall be lawful for the party
wishing to use the same, to cause the deposition or depositions of such witness or
witnesses, to be taken before any justice of the peace, or clerk of the circuit or
county commissioners' court of the county wherein such witness or witnesses shall
reside, without being required to sue out a commission, or to file interrogatories for
such purpose, on giving to the adverse party or his attorney, reasonable notice of
the time and place of taking the same. And it shall also be lawful, upon satisfac-
tory affidavit being filed, to take the depositions of witnesses residing in this State,
to be read in suits at law, in like manner as is above provided, in all cases where
such witness or witnesses shall reside in a different county from that in which
the court shall be held, is or are about to depart from the State ; is or are confined
in jail on legal process ; or is or are unable to attend such court on account of ad-
vanced age, sickness, or other bodily infirmity : Provided, That such reasonable
notice shall be intended to mean at least ten days in all cases, and one day in addi-
tion thereto, (Sundays inclusive,) for every thirty miles travel from the place of
holdino- the court, to the place where such deposition or depositions shall be taken.

Sec. 12. Previous to the examination of any witness whose deposition is about
to be taken as aforesaid, he or she shall be sworn (or affirmed) by the person or
persons authorized to take the same, to testify the truth in relation to the matter
in controversy, so far as he or she may be interrogated ; whereupon, the said com-
missioner or commissioners, judge, justice of the peace or clerk, (as the case may
be,) shall proceed to examine such witness upon all such interrogatories as maybe
inclosed with, or attached to any such commission as aforesaid, and which are di-
rected to be put to such witness, or where no such commissioner shall be ne-
cessary, upon all such interrogatories as may be directed to be put by either
party litigant ; and shall cause such interrogatories, together with the answers
of the witness thereto, to be reduced to writing in the order in which they
shall be proposed and answered, and signed by such witness. After which.
it shall be the duty of the person or persons taking such deposition, to annex
at the foot thereof, a certificate subscribed by himself or themselves, stating
that it was sworn to and signed by the deponent, and the time and place, when
and where the same was taken. And every such deposition, when thus taken and
subscribed, and all exhibits produced to the said commissioner or commissioners,
judge, justice of the peace or clerk as aforesaid, or which shall be proved or refer-
red to by any witness, together with the commission and interrogatories, if any,
shall be inclosed, sealed up and directed to the clerk of the court in which
the action shall be pending, with the names of the parties litigant indorsed
thereon : Provided, That when any deposition shall be taken as aforesaid, by any
judge or justice of the peace out of this State, such return shall be accompanied by
a certificate of his official character under the great seal of the State, or under the

EVIDENCE AND DEPOSITIONS. 235

seal of the proper court of record of the county or city wherein such deposition
shall be taken.

Sec. 13. Every examination and deposition which shall be taken and returned
according to the provisions of this chapter, may be read as good and competent evi-
dence in the cause in which it shall be taken, as if such witness had been present
and examined by parol in open court on the hearing or trial thereof.

Sec 14. Each and every commissioner or commissioners, judge, justice of the
peace, or clerk of the circuit or county commissioners' court, who may at any time
be required to take depositions in any cause pending in any of the courts of law
or equity in this State, or by virtue of any commission issued out of any court of
record in any other State or territory, shall have power and authority to issue
subposnas, if necessary, to compel the attendance of all such witnesses as shall be
named in the commission, or by the parties litigant, where no commission is neces-
sary, in the same manner and under the same penalties as is prescribed in other
cases, where witnesses are directed to be subpoenaed.

Sec. 15. Every witness attending before any commissioner, judge, justice of
the peace or clerk as aforesaid, to be examined as aforesaid, shall be entitled to a
compensation for his time and attendance and traveling expenses at the same rate
for the time being, as is, or shall be allowed by law to witnesses attending courts of
record in this State ; and the party requiring such examination shall pay the expen-
ses thereof, but may, if successful in the suit, be allowed for the same in the taxa-
tion of costs.

Sec 16. The party, his attorney, or any person who shall in anywise be inter-
ested in the event of the suit, shall not be permitted to dictate, write or draw up
any deposition or depositions which may at any time be taken under this chapter ;
and every deposition so dictated, written or drawn up, or that shall be returned to
the court unsealed, or the seal of which shall be broken, shall be rejected by the
court as informal and insufficient : Provided, Such seal shall have been broken pre-
vious to its reception by the clerk, to whom it shall be directed.

Sec 17. It shall not be lawful for any party litigant or the clerk of the court
into which any deposition may be returned as aforesaid, to break the seal of the same,
either in term time, or in vacation, unless by permission of the court. And if any
such person or clerk shall presume to open any such deposition when taken and
returned as aforesaid, without such permission as aforesaid, he shall be considered
guilty of a contempt of court, and may be punished accordingly : Provided, That it
shall not be considered an offence for the clerk to break open any such deposition
as aforesaid, where it is doubtful from the indorsements made thereon, whether the
same be a deposition or not ; but in such case, it shall not be proper for such clerk
to permit any person to examine any deposition, which may be thus opened by mis-
take, until permission shall have been first given by the court as aforesaid.

Sec 18. All depositions taken in pursuance of this chapter, when returned
into court, may be read by either party, on the trial of the causes to which they relate.
Sec 19. In all cases hereafter, where any person or persons shall desire to
perpetuate the remembrance of any fact, matter or thing, which may relate to the
boundaries or improvements of land, name, or former name of water courses ; the
name or former name of any portion or district of country ; regarding the an-,
cient customs, laws or usages of the inhabitants of this country, as far as the same
may relate to the future settlement of the land claims ; or touching the marriage or
pedigree of any person or persons, or in relation to the title to slaves or servants j

236 EVIDENCE AND DEPOSITIONS.

or any other matter or thing necessary to the security of any estate, real or per-
sonal, or mixed, or any private right whatever, it shall be lawful for such person or
persons, upon filing a petition supported by affidavit, in the circuit court of the
proper county, setting forth particularly the fact or facts intended to be established,
to sue out from such court a dzdimus potestatem or commission, directed to any
two justices of the peace, or to any clerk of the circuit or county commissioners1
court of the county wherein such testimony is to be taken, and may, thereupon,
proceed to take such deposition or depositions as shall be prayed for in said pe-
tition.

Sec. 20. It shall be the duty of the person or persons suing out such dedimus
as aforesaid, before proceeding to take such deposition as aforesaid, to give at
least four weeks previous notice of the time and place when and where the
same is to be taken, together with a copy of the petition annexed thereto, to
each and every person who may be known to be interested in the subject mat-
ter of such deposition, or to his, her or their attorney, or in case the person
be a feme covert, to her husband; or if a minor or minors, to his, her or their
guardian or guardians ; or if such guardian or guardians should be interested, to
such guardian or guardians as shall be appointed by the court to defend the inter-
ests of such infant or infants ; or in lieu of such written notice as aforesaid, such
petitioner or petitioners shall cause a notice in form as aforesaid, with a copy of the
petition thereto annexed as aforesaid, addressed to such persons as may be known
to be interested as aforesaid, as well as to all others whom it may concern, to be
published for four weeks successively in some public newspaper printed in this
State, at least eight weeks previous to the day of taking such deposition or dep-
ositions.

Sec. 21. The said justices of the peace or clerk as aforesaid, shall attend at the
time and place appointed, where each and every person who may think himself or
herself interested in the deposition about to be taken, may attend, by themselves or
attorneys, and may examine and cross examine such deponent or deponents ; and
all such questions as may be proposed, together with the answers thereto by the
witness, shall be reduced to writing in the English language, or in the language of
the witness, (provided he or she shall not understand English,) as near as pos-
sible, in the exact words of such deponent, which said questions and answers,
when reduced to writing as aforesaid, shall be distinctly read over to the witness ;
and if found to be correct, shall be signed by him or her, in the presence of the
said justice, (or clerk as the case may be,) who shall thereupon administer an
oath or affirmation to such witness, as to the truth of the deposition so taken as
aforesaid, and shall annex at the foot thereof a certificate subscribed by himself or
themselves, stating that it was sworn to and signed by the deponent, and the time
and place when and where the same was taken ; and all such depositions, when
thus taken, shall be carefully sealed up, and transmitted to the clerk of the circuit
court of the county from which such dedimus shall have been issued, within thirty
days from the time of taking the same ; who shall thereupon enter the same at large
upon the records in his office, and shall certify on the back of such deposition that
the same has been duly recorded, and return it to the person or persons for whose
benefit it shall have been taken.

Sec. 22. All depositions taken in manner and form as is provided in the two
foregoing sections, or a duly certified copy of the record of any such deposition,
may, in case of the death of any such deponent, or in case of inability to give tes-
timony, in consequence of his, her or their insanity or imbecility of mind or body,

FEES AND SALARIES.

237

or where such witness shall be rendered incompetent by judgment of law, or in
the event of his, her or their removal, so that their testimony can not be obtained
in the ordinary way, on trial, may be used as evidence in any case to which the
same may relate : Provided, That nothing herein contained, shall be so construed as
to prevent any legal exception being made and allowed to the reading of any such
deposition in any trial at law or in equity, in which the same may be introduced
as evidence.

Sec 23. A negro, mulatto or Indian shall not be a witness in any court, or in
any case, against a white person. A person having one-fourth part negro blood
shall be adjudged a mulatto.

Approved : March 3, 1845.

[Amended: — See Appendix, Acts No. 14 and 15.]

CHAPTER XLI.

FEES AND SALARIES.

Section

1. Salaries of governor, secretary of State, audi-

tor, the treasurer, the chief justice and asso-
ciate justices, attorney general, circuit attor-
neys and adjutant grneral, how paid.

2. Members and officers of the General Assembly,

compensation of.

3. Incidental expenses of public offices, what shall

constitute.

4. Incidental expenses, how paid.

5. Secretary of State, fees of.

6. Auditor and treasurer, fees of, in certain cases.

7. Clerk of the supreme court, fees of.

8. Clerks of circuit courts, fees of.

9. Probate justice, fees of.

10. Clerks of county commissioners' courts, fees of.

1 1 . Attorney general and circuit attorneys, fees of.

12. Successful party at law, fees of.

13. Sheriff's fees.

14. Sheriffs fees further defined.

15. Coroner's fees.

16. Justice's fees in criminal cases.

17. Justice's fees in civil cases.

18. Constable's fees in criminal cases.

19. Constable's fees in civil cases.

20. Witness's fees.

21. Juror's fees.

22. Arbitrator's fees.

23. Recorder's fees.

Section

24. Notaries public, fees of.

25. County surveyor's fees.

26. Guarding jail, fees for, and how established.

27. Illegal fees, penalty for talcing, and how re-

covered.

28. Clerks of supreme and circuit courts to keep

record of fees of their respective courts, and
how collected.

29. Neglect to make returns of fee bill, penalty for.

30. Clerks of supreme and circuit courts, record of,

what shall contain.
Persons who have heretofore been, or are now

sheriff's, may collect fees in certain cases.
Clerks of courts to provide books, &.C., allowan-

ances therefor, how made.
Office rooms for clerks, how provided.
Bills of costs, how made out and collected.
Duty of officers in issuing executions, penalty

for neglect of.

36. Table of fees, clerks, probate justices, and jus-

tices of the peace, to set up, and penalty for
neglect of.

37. County commissioners' clerks not to charge

fees in certain cases, but courts may allow ex

ojficio fees.
3S. Acknowledgment of deeds, fee for.
39. Clerk of circuit court, duty of, to collect and

pay over fees to predecessor.

31.

32.

33.
34.

35.

Section 1. The salaries, fees and compensation of the several persons herein-
after named, shall be as follows :

To the Governor, per annum, together with house rent, two thousand dollars.

To the secretary of State, exclusive of fees, per annum, and inclusive of clerk
hire, eight hundred dollars.

The auditor of public accounts, inclusive of clerk hire, per annum, one thou-
sand six hundred dollars.

State treasurer, inclusive of clerk hire, per annum, eight hundred dollars.

238 FEES AND SALARIES.

The chief justice and each associate justice of the supreme court, respectively,
per annum, one thousand five hundred dollars ; excepting justices elected or ap-
pointed, subsequent to February twelve, one thousand eight hundred and forty-
five, who shall receive, each, one thousand dollars.

The attorney general, per annum, five hundred dollars.

Each circuit attorney, per annum, two hundred arid fifty dollars.

The adjutant general; per annum, fifty dollars.

All of which salaries shall be paid to the persons entitled thereto, in quarter
yearly instalments, on the warrant of the auditor, out of any moneys in the trea-
sury not otherwise appropriated.

Compensation of the members of Assembly, &c.

Sec. 2. There shall be allowed to the speaker of the senate and house of
representatives, respectively, per day, four dollars.

To each member of the senate and house of representatives, per day, three
dollars.

To each speaker and member, in addition for every twenty miles' travel in
going to, and returning from the place of session, three dollars.

To the secretary of the senate, and principal clerk of the house of representa-
tives, respectively, per day, five dollars.

To the enrolling and engrossing clerks of the senate and house of representa-
tives, respectively, per day, three dollars.

To the door-keeper of the senate and house of representatives, respectively,
per day, three dollars.

And the said compensation, when due to the officers and members of the senate
as aforesaid, shall be certified by the secretary thereof, with the exception of his
own compensation, which shall be certified by the speaker; and the compensation
that may be due to the officers and members of the house of representatives, shall
be certified by the principal clerk thereof, and that of the clerk, by the speaker ;
which said certificates, when made out as aforesaid, shall be sufficient evidence to
the auditor of each person's claim, respectively, who shall issue his warrant on
the treasury for the amount to which such person shall be entitled as aforesaid, to
be paid out of any moneys in the treasury not otherwise appropriated.

Incidental Expenses, &c.

Sec. 3. The incidental expenses of the offices of the auditor of public accounts,
State treasurer and secretary of State, shall include postage on all public papers
sent to or from said offices relative to the business thereof, furniture for the same,
the necessary fuel, and all such books, blanks and other stationery as shall be con-
sidered necessary for the convenient transaction of business in said departments
respectively.

Sec. 4. For the purpose of defraying the incidental expenses aforesaid, it
shall be the duty of said officers respectively, from time to time, as said expenses
may be incurred, to lay proper vouchers for the same before the Governor, whose
duty it shall be, if such accounts shall appear to be reasonable, to allow the same,
and to certify the amount thereof to the auditor, who shall thereupon be required
to issue his warrant for the same, to the person entitled thereto; to be paid out
of any moneys in the treasury not otherwise appropriated.

FEES AND SALARIES. 239

Fees of Secretary of State.

Sec. 5. There shall be allowed to the secretary of State, in addition to his salary,
the following fees, to-wit:

For copies or exemplification of records, for every seventy-two words, fifteen
cents.

Affixing State seal, with certificate of authentication, one dollar.

Copy of any law, for every seventy-two words, fifteen cents.

Official certificate without seal, when not required for public use, twenty-five
cents.

Provided, That he shall in no case be entitled to any fees whatever, when any
services are performed for the State, in discharge of the duties of his office, nor
for copying laws, memorials or resolutions.

Sec 6. The auditor and treasurer, when required to give copies of, or to au-
thenticate records or papers in their respective offices, shall be entitled to the same
fees allowed to the secretary of State.

Fees of the Clerk of the Supreme Court:

Sec 7. For each writ of error and seal, with supersedeas, one dollar.

For each writ of error and seal, without supersedeas, seventy-five cents.

For each bond, when not furnished by the party, fifty cents.

Filing each paper, excepting records and papers on appeals and writs of error,
six and a fourth cents.

Filing each record and accompanying papers, on appeals and writs of error, as
returned by the inferior courts, twenty cents.

Docketing cause, twelve and a half cents.

Entering each rule or order of court, each entry being considered as one order,
twenty-five cents.

Execution and seal, fifty cents.

Entering sheriff's return on any writ or execution, twelve and a half cents.

For each subpoena and seal, fifty cents.

For each scire facias, mandamus and other special process, for every seventy
two words, eighteen cents.

Sealing the same, twenty-five cents.

Bringing any particular record into court of a suit, matter or thing not before
the court, twenty-five cents.

Copy of a record or other proceedings, for every seventy-two words, fifteen
cents.

Entering judgment or decree, for every seventy-two words, eighteen cents.

Entering each continuance from one term to another, twelve and a half cents.

Making complete record, when directed by the party, for every seventy-two
words, fifteen cents.

For each official certificate and seal, other than to the process of the court, fifty
cents.

Each official certificate, as aforesaid, without seal, twenty-five cents.

Entering attorney on the roll, administering oath, and certifying the same, one
dollar.

Making bill of costs for execution, and entering the same in the cost book, thir-
ty-seven and a half cents.

240 FEES AND SALARIES.

Copy of the same when requested by either party, twenty-live cents.
Administering each oath, twelve and a half cents.

Clerk's Fees in the Circuit Courts :

Sec 8. For each capias, summons, subpoena and other process not herein
specified, and sealing the same, fifty cents.

Provided, That only one subpoena shall be charged for every four witnesses,
unless actually made out on request in writing.

For filing each paper in the progress of a suit, and appertaining to the same,
excepting papers on appeal from justices of the peace, six and a fourth cents.

Filing the papers on appeals from justices of the peace, taking appeal bond and
issuing injunction thereon, fifty cents.

Taking bond for costs, twenty-five cents.

Filing and opening each deposition, twelve and a half cents.

Entering each suit on the docket for trial, twelve and a half cents.

Entering each order or rule of court for continuance, default to plead, or any
order actually entered in the progress of a suit, and counting the whole as one
entry, twenty-five cents.

For each discontinuance, retraxit, or non suit, twenty-five cents.

For each dedimus or commission to take depositions, fifty cents.

Bringing any particular record into court of a suit, matter or thing not properly
before the court, twenty-five cents.

Calling and swearing each jury, eighteen and three-fourths cents.

S wearing each witness on the trial of a cause six and a fourth cents.

Swearine any person to an affidavit, twelve and a half cents.

Receiving and entering the verdict of a. jury, twelve and a half cents.

Entering each decree or final judgment in a cause, twenty-five cents.

Issuing each writ of habeas corpus, certiorari or procedendo, fifty cents.

Assessing the damages on any bond, note or other instrument for the payment
of money, by order of the court, and making a report thereof in writing, twenty-
five cents.

Entering special bail on record, in each case, twenty-five cents.

Makin^ a list of jurors when requested, twelve and a half cents.

Swearing constable to take charge of a jury, six and a fourth cents.

Issuing execution, fifty cents.

Docketing the same, twelve and a half cents.

Entering sheriff's return on each execution, twelve and a half cents.

Entering satisfaction of judgment, twenty-five cents.

Entering the report of commissioners or referees, or the award of arbitrators, and
all other special entries, for every seventy-two words, twelve and a half cents.

For each official certificate and seal, other than the process of the court, fifty
cents.

Taking bond in cases of foreign or domestic attachment, fifty cents.

Taking injunction bond in chancery, fifty cents.

Taking bond in cases of appeal to the supreme court, fifty cents.

Entering appearance of attorney, but once in each suit, twelve and a half cents.

Entering plaintiff's or defendant's appearance, but once in each cause, twelve
and a half cents.

FEES AND SALARIES. 241

For each attachment for a witness, or other person, fifty cents.

For each vtnire facias, or a jury warrant, when actually issued, thirty-seven
and a half cents.

Making bill of costs for each execution, and entering the same of record, being
one charge, thirty-seven and a half cents.

Copy of the same, when requested by either party, twenty-five cents.

Making complete record of proceedings and judgment, when directed by the
court, for every seventy-two words, twelve and a half cents.

Copy of bill, answer, declaration, pleadings, judgment, or other proceeding, for
every seventy-two words, twelve and a half cents.

Certifying and sealing the same when requested in writing, fifty cents.

For each commission, scire facias, or other special writ or process, and sealing
the same, for every seventy -two words, fifteen cents.

Taking depositions when requested, for every seventy-two words, twelve and a
half cents.

Taking acknowledgment of a sheriff's deed, twenty-five cents.

Entering the acknowledgment of the sheriff to a deed, when made in open court,
twenty-five cents.

Making entry of naturalization of record, for every seventy-two words, fifteen
cents.

Taking each recognizance, and entering the same, thirty-seven and a half cents.

Arraigning prisoner at the bar, fifty cents.

Entering the pleadings in a criminal cause, twenty-five cents.

For each copy of an indictment,- when requested, for every seventy-two words,
fifteen cents.

Entering judgment of conviction, twenty-five cents.

Entering discharge of recognizance, twelve and a half cents.

For a copy of the list of grand or petit jurors, when requested, in a criminal cause,
twenty-five cents.

For swearing jurors, witnesses and all other persons, the same fees shall be allowed
as in civil cases : and in all criminal cases, where the defendant shall be acquitted
or otherwise legally discharged without payment of costs, the clerk shall receive
such compensation, as the county commissioners shall order, not exceeding thirty
dollars per annum.

For filing declaration of intention to become a citizen, six and a fourth cents.

Swearing the applicant to declaration, six and a fourth cents.

For certifying declaration under seal of court, twenty-five cents.

For filing final application for oath of allegiance, together with accompanying
affidavits, twelve and a half cents.

Administering each oath in such case, twelve and a half cents.

Making out final certificate of naturalization, or copy of record of naturalization
under seal, fifty cents.

Fees of Probate Justice :

Sec 9. Taking proof of a last will or testament, fifty cents.
Indorsing certificates of probate thereon, twelve and a half cents.
Recording last will and testament, for every seventy-two word,s fifteen cents.
Issuing letters testamentary or of administration, affixing seal thereto and re-
cording the same, one dollar and fifty cents.
16

242 FEES AND SALARIES.

Taking bond of the executor or administrator, seventy-five cents.

Administering oath to each executor or administrator, twelve and a half cents.

For each citation, twenty-five cents.

Taking and filing renunciation of the widow or next of kin, twenty-five cents.

Taking proof of a codicil, proved separately, fifty cents.

Indorsing certificate of probate on codicil, twelve and a half cents.

Recording the same, for every seventy-two words, fifteen cents.

Examining and approving each inventory, sale bill, or account current, filed by
executors or administrators, fifty cents.
% Entering the settlement of executors or administrators on the order book, sev-
enty-five cents.

Each copy of the settlement of executors or administrators, with certificate and
seal, one dollar.

For each decree, limiting the time for exhibiting the claims of creditors, twen-
ty-five cents.

For each order of distribution, fifty cents.

For each order on an executor or administrator to pay out of the estate to cred-
itors, in proportion to their debts, twenty-five cents.

For copies of exemplifications of records, every seventy-two words, fifteen cents.

Official certificate and seal, fifty cents.

Making out order for publication, twenty-five cents.

For allowing an appeal to the circuit court, twenty-five cents.

For issuing each special writ or summons with seal, twenty-five cents.

For administering oath to each witness, six and a fourth cents.

Swearing any person to an affidavit, twelve and a half cents.

Issuing order for writ of certiorari, twenty-five cents.

Examining petition and application for writ of certiorari, twenty-five cents.

Issuing injunction, ne exeat or any special writ, fifty cents.

Issuing subpoena, attachment or other process, under seal, twenty-five cents.

Entering each decree, order or judgment, except orders allowing claims for
or against an estate, twenty-five cents.

Recording appraisement, sale bill, and all other exhibits and writings required
to be recorded, (wills and codicils excepted,) for every hundred words, figures
inclusive, ten cents.

Filing each paper belonging to the settlement of any estate, six and a fourth
cents.

Issuing letters of guardianship and recording the same, one dollar.

Taking bond of guardian, fifty cents.

Taking any bonds not before specified, fi'ty cents.

Revoking letters testamentary, administration or guardianship, fifty cents.

Swearing each jury, twenty-five cents.

Writing indenture, to be paid by master, fifty cents.

Clerk's Fees in the County "Commissioners' Court :

Sec. 10. For each writ, summons, subposna or other process, with seal, fifty
cents.

Filing each paper, six and a fourth cents.

Entering each order of court, twelve and a half cents.

Administering each oath, six and a fourth cents.

FEES AND SALARIES. 243

Each certificate and seal to any paper, other than to process, fifty cents.

Official certificate without seal, twenty-five cents.

For each license, and taking bond for a ferry, toll bridge or turnpike road, one
dollar.

For each tavern license and taking bond, one dollar.

For each marriage license, one dollar.

For each copy of rates for a ferry, toll bridge, turnpike road or tavern, twenty-
five cents.

Filing and recording marriage certificate, twelve and a half cents.

Making each bill of costs and copy, twenty-five cents.

For each writ of ad quod damnum, fifty cents.

For copies of all records and proceedings, when made out on request, for everv
seventy-two words, twelve and a half cents.

Taking depositions when requested, for every seventy-two words, twelve and a
half cents.

For taking proof in cases of estrays, and granting certificate of the same,
twenty-five cents.

For registering each certificate transmitted to him by a justice of the peace, in
cases of estrays, twelve and a half cents.

For advertisements in such cases, including the copy for newspaper publica-
tion, fifty cents.

For trying and sealing weights and measures by the county standard, twelve and
a half cents.

For every certificate of magistracy under seal, twenty-five cents.

Fees of the Attorney General and Circuit Attorneys :

Sec 11. For each conviction in a criminal cause, where the crime is infa-
mous, and the offender subject to corporeal punishment, ten dollars.

For each conviction where the crime is not infamous, and the defendant is
subject to fine or imprisonment only, five dollars.

Fees of the successful party at law :

Sec 12. There shall be allowed to the successful party in each civil action in
the circuit and supreme courts, the following docket fees, to-wit :

In each suit in which the title to lands shall come in question, two dollars and
fifty cents.

In each suit where the title to lands does not come in question, one dollar and
twenty-five cents.

In each chancery suit, two dollars and fifty cents.

No docket fee shall be charged where final judgment or decree shall be for costs
only ; nor when the case shall be decided without impanneling a jury : nor in
suits which do not originate in the circuit court. The above fees shall be taxed in
the bill of costs against the unsuccessful party, whether plaintiff or defendant :
Provided, That not more than one docket fee shall be taxed against the same per-
son in any one cause in the same court.

244 FEES AND SALARIES.

Sheriff's Fees:

Sec. 13. For serving a writ or summons on each defendant, fifty cents.

Taking special bail, twenty-five cents.

For serving a subpoena on each witness, twenty-five cents.

For summoning jury, (grand jury excepted,) each case, fifty cents.

Advertising property for sale, twenty-five cents.

Returning each writ or other process, twelve and a half cents.

Mileage for each mile of necessary travel, to serve any su£h writ or process as
aforesaid, calculating from the place of holding the court to the place of residence
of the defendant or witness, for going only, six and a fourth cents.

Calling the jury in each cause, twelve and a half cents.

For levying an execution, fifty cents.

Returning the same, twelve and a half cents.

Serving and returning a scire facias to revive a judgment, to foreclose a mortgage,
or against bail, sixty-two and a half cents.

For committing each person to jail, thirty-seven and a half cents.

Discharging each person out of jail, thirty-seven and a half cents.

Dieting each prisoner, per day, thirty-seven and a half cents.

For attending before a judge with a prisoner, on a writ of habeas corpus, one
dollar.

For each mile of necessary tra\el in taking such prisoner before the judge as
aforesaid, six and a fourth cents.

Serving a writ of possession, with the aid of the posse comitatus, two dollars.

Serving the same without such aid, one dollar.

Mileage in either case, for each mile of necessary travel from the place of hold-
ing court to the place where such is served, for going only, six and a fourth cents.

Executing a writ of ad quod damnum, attending the inquest, and returning the
writ with the verdict of the jury, two dollars.

For summoning a jury in a case of forcible entry and detainer, and attending
the trial, two dollars.

For attending the circuit and county commissioners' courts, to be allowed and
paid out of the county treasury, one dollar.

For summoning each appraiser to value property, twenty-five cents.

For swearing each appraiser when summoned, six and a fourth cents.

For executing and acknowledging a deed, on sale of real estate, one dollar and
fifty cents.

For making certificate of sale previous to the execution of the deed, twenty-five
cents.

For taking a replevin, replevy or forthcoming bond, fifty cents.

For taking each bail bond or recognizance in a criminal cause, when required
by law, fifty cents.

For executing a capias on a defendant in a criminal cause, where the offence is
infamous, one dollar.

For executing a capias where the offence is not infamous, fifty cents.

Mileage for each mile of necessary travel from the place of holding court to the
place of making the arrest, six and a fourth cents. *

Serving a declaration in ejectment on each defendant, and making affidavit of
service, sixty-two and a half cents.

FEES AND SALARIES. 245

Mileage for each mile of travel, from the place of holding court to the place of
residence of such defendants, six and a fourth cents.

For conveying each prisoner from his own county to the jail of a foreign
county, for each mile of travel, going only, ten cents.

For committing each prisoner to jail under the laws of the United States, to
be paid by the marshal, or other persons requiring his confinement, thirty-seven
and a half cents.

Dieting such prisoner, per day, thirty-seven and a half cents.

For each month's use of the jail during the confinement of such prisoner, to be
advanced as aforesaid, and paid into the county treasury, fifty cents.

For discharging such prisoner, thirty-seven and a half cents.

In addition to the above fees, there shall be allowed to the several sheriffs in
this State, a commission of five per centum on the amount of all sales of real and
personal estate, which shall be made by virtue of any execution issued in pursuance
of law, where the money arising from such sales shall not exceed the sum of two
hundred dollars ; but in all cases where the amount of any such sale shall exceed
that sum, a commission of two and a half per centum on the excess only shall be
allowed : Provided, That in all cases where the execution shall be settled by the
parties, replevied, stopped by injunction, or paid, or where the property levied upon
shall not be actually sold, the sheriff shall be allowed fifty cents for levying, and
six and a fourth cents per mile for going to and returning from the place of ex-
ecution and sale.

Sec. 14. And no other fees or compensation whatever shall be allowed on any
execution, except the necessary expenses for keeping perishable property, to be
ascertained and allowed by the court out of which the same shall have issued.
In all cases where any of the sheriffs in this State shall be required by law to ex-
ecute any sentence of punishment, other than imprisonment, for which no fee is
allowed by this chapter, it shall be the duty of the county commissioners' court of
the proper county, to allow a reasonable compensation for the same, to be paid out
of the county treasury. It shall be the duty of each sheriff, entitled to mileage
under this chapter, to indorse on each writ, summons, subpoena, or other process,
that he may execute, the distance he may travel to execute the same, ascertaining
the distance, and the charge properly allowable therefor, in conformity with the
foregoing regulations. In all criminal cases where the defendant shall be acquitted,
or otherwise legally discharged, without payment of costs, the sheriff shall not be
allowed any fees ; but the commissioners' court shall annually allow the sheriff
such compensation for ex officio services, not exceeding thirty dollars, as they shall
think proper.

Coroner's Fees :

Sec 15. For holding an inquest over a dead body, when required by law, five
dollars.

For summoning the jury, seventy-five cents.

For burial expenses, &c, ten dollars.

All of which fees shall be certified by the coroner, and paid out of the county
treasury, when the same can not be collected out of the estate of the deceased.
And whenever the coroner shall be required by law to perform any of the duties
appertaining to the office of sheriff, he shall be entitled to the like fees and com-

246 FEES AND SALARIES.

pensation, as shall be at the time being, allowed by law to the sheriff for the per-
formance of similar services.

Justice's Fees in Criminal Cases :

Sec. 16. For taking each complaint in writing, under oath, twenty-five cents.

For taking the examination of the accused, and the testimony of witnesses in
cases of felony, and returning the same to the circuit court, for every seventy-
two words, twelve and a half cents.

For each warrant, twenty-five cents.

Taking recognizance, and returning the same, fifty cents.

For each subpoena, twenty-five cents.

Administering each oath, six and a fourth cents.

For each jury warrant in a trial of assault and battery, twenty-five cents.

For entering the verdict of the jury, twelve and a half cents.

For each order or judgment thereon, twenty-five cents.

For each mittimus, twenty-five cents.

For each execution, twenty-five cents.

For entering each appeal, twenty-five cents.

For transcript of judgment and proceedings in cases of appeal, fifty cents.

But in all cases where the defendant shall be acquitted, or otherwise legally
discharged, without the payment of costs, the justice shall not be entitled to any
fees.

Justice's Fees in Civil Cases :

Sec 17. For every warrant, summons or subpoena, eighteen and three-fourths
cents.

For eaeh continuance, twelve and a half cents.

Administering an oath, six and a fourth cents.

Issuing dedimus to take depositions, twenty-five cents.

Taking each deposition when required, for every seventy -two words, twelve
and a half cents.

Entering judgment, twenty-five cents.

Issuing execution, twenty-five cents.

Entering security on docket, twenty-five cents.

Scire facias to be served on security, twenty-five cents.

Notification to each referee, twenty-five cents.

Entering the award of referees, thirty-seven and a half cents.

Entering appeal from justice's judgment, twenty-five cents.

For each transcript of the judgment and proceedings before the justice on appeal,
twenty-five cents.

Issuing process of attachment, and taking bond and security, seventy-five cents.

Entering judgment on the same, twenty-five cents.

Docketing each suit, twelve and a half cents.

Taking the acknowledgment or proof of a deed or other instrument of writing,
twenty-five cents.

For each precept, on forcible entry and detainer, fifty cents.

On trial, per day, two dollars.

Making complete copy of proceedings thereon, two dollars.

For each jury warrant, twenty-five cents.

For each marriage ceremony performed, one dollar.

FEES AND SALARIES. 247

For each certificate thereof, twenty-five cents.

For administering the oatli to the finder or taker up in cases of estrays, &c,
making an entry thereof, with the report of the appraisers, and making and trans-
mitting a certificate thereof to the clerk of the county commissioners' court, fifty
cents.

Constable's Fees in Criminal Cases :

Sec. 18. For serving a warrant on each person named therein, twenty-five
cents.

Mileage, to be computed from the office of the justice who may have issued the
same, to the place of service, for each mile, six and a fourth cents.

Serving each subpoena, twelve and a half cents.

Mileage from the justice's office to the residence of the witness, per mile, six
and a fourth cents.

Taking each person to jail when committed, twenty-five cents.

Mileage from the justice's office to the jail, per mile, six and a fourth cents.

For summoning jury in case of assault and battery, fifty cents.

But in all cases where the defendant shall be acquitted, or otherwise discharged,
without the payment of costs, the constable shall not be entitled to any fees.

Constable's Fees in Civil Cases:

Sec 19. Serving and returning each warrant or summons, twenty-five cents.

Serving and returning each subpoena, twelve and a half cents.

Serving and returning execution, fifty cents.

Advertising property for sale, twenty-five cents.

Commission on sales not exceeding ten dollars, ten per centum; and. on all
sales exceeding that sum, six per centum.

Attending trial before a justice in each jury cause, twenty-five cents.

Serving jury warrant in each case, fifty cents.

Each day's attendance on the circuit court, when required to be paid out of the
county treasury, one dollar.

Mileage, when serving a warrant, summons or subpoena, from the justice's
office to the residence of the defendant or witness, per mile, five cents.

For serving warrant on appraisers in cases of estrays, &c, twenty-five cents.

Witnesses' Fees:

Sec 20. Every witness attending in his own county, on trial, per day, fifty
cents.

Attending in a foreign county, going and returning, per day, accounting twenty
miles for each day's travel, one dollar.

Every witness, when attending for the purpose of having his deposition taken,
per day, fifty cents.

Provided, That no allowance or charge shall be made for the attendance of wit-
nesses as aforesaid, unless the witness shall make affidavit of the number of days
he or she actually attended ; and that such attendance was at the instance of one
or both of the parties, or his, her or their attorney.

Juror's Fees :

Sec 21. To every juror sworn in each civil action in the circuit court, twenty-
five cents.

248 FEES AND SALARIES.

To each juror sworn in a civil case, before a justice of the peace, twenty-five
cents.

For attending an inquest over a dead body, when summoned by the coroner,
to be paid out of the county treasury, twenty-five cents.

Arbitrator's Fees :

Sec. 22. To each arbitrator for every day he shall be necessarily employed in
performing the duties of his appointment, where the award is to be made the judg-
ment of the circuit court, two dollars.

For every arbitrator or referee, for each day he shall be necessarily employed
in making up his award in cases before justices of the peace, one dollar.

Recorder's Fees :

Sec. 23. For recording all deeds, mortgages and other instruments of writing,
for every one hundred words, fifteen cents.

For copies of the same, when requested, for every one hundred words, twelve
and a half cents.

For every search of record, twelve and a half cents.

Official certificate, with seal, when requested, thirty-seven and a half cents.

For each certificate without seal, twenty-five cents.

For entering each tract of land over five in each deed or conveyance, six and a
fourth cents.

Fees of Notaries Public :

Sec 24. For noting a bond, promissory note or bill of exchange for protest,
twenty-five cents.

For protesting and recording the same, fifty cents.
For noting without protest, twenty-five cents.
For notice to indorsers, &c, each, twenty-five cents.
For affixing the seal notarial, twenty-five cents.
For each certificate, twenty-five cents.

County Surveyor's Fees:

Sec 25. For establishing each quarter-section of landj two dollars and fifty
cents.

For establishing each half-quarter section of land, two dollars.

For each town lot over ten, and not exceeding forty in number, thirty-seven and
a half cents.

For each town lot over forty, and not exceeding one hundred, twenty-five cents.

For each lot over and above one hundred, eighteen and three fourths cents.

For laying off land, under a writ of ad quod damnum, two dollars and fifty cents.

And each surveyor shall be allowed the sum of two dollars per day in full com-
pensation for traveling expenses, when necessarily engaged in the discharge of
the duties of his office.

Fees for Guarding Jail :

Sec. 26. To each man, for every twenty-four hours guarding jail when requir-
ed, on producing the certificate of tho jailer, sheriff, coroner or justice of the
peace, of the same, to be paid out of the county treasury, one dollar.

FEES AND SALARIES. 249

And to the end that all persons chargeable with the fees aforesaid, due to the
several above named officers, (except such as are to be paid by the respective
counties,) may certainly know for what the same are charged, none of the fees
hereinbefore mentioned, shall be payable to any such officer, until a bill of the
same shall have been presented to the person chargeable with the same, stating
the particulars of the said bill, and signed by the officer to whom the same are
payable ; or until a fee bill shall have been issued by* the clerk, as hereinafter
provided.

Sec. 27. If any or either of the aforesaid officers shall charge, claim, demand,
exact or take, any other or greater fees than are hereinbefore set down and allow-
ed for any of the services specified in this chapter, or shall charge, demand or
take any of the said fees when the services for which such fees are charged, shall
not have been actually performed, such officer shall pay to the party injured two
dollars for every item so charged and exacted, to be sued for and recovered in any
court having cognizance of the same : Provided, always, That if any person against
whom any fee bill shall be charged, shall conceive himself or herself aggrieved by
any such charges, that the same is overcharged, or contains charges for services not
actually rendered by such officer, it shall be lawful for such person, after paying
the same, or having replevied the said fee bill, by giving bond, with sufficient secu-
rity, to pay the same at the next ensuing circuit court of his county, (and it shall
be the duty of the sheriff, or other officer, to take such bond and allow said replev-
in,) to present the said fee bill to the circuit court of the county where the person
so charged therewith shall reside, whose duty it shall be to inspect the said fee bill ;
and if it appear that any item or charge is contained in said fee bill not authorized
by law, or for services not actually rendered, the said judge shall proceed to quash
such fee bill and bond, if one be given ; and if the money has been collected thereon,
he shall order the clerk to restore the same, and shall impose a fine on such clerk
in favor of the party injured, of not less than one dollar, nor more than three dol-
lars, for every item erroneously charged in said fee bill by said clerk ; and shall
grant to the party injured, process of attachment, to recover back the amount of
such fee bill when paid, and also the fine or fines so imposed ; but if it shall appear to
the said judge that such fee bill is correct, the party charged with the same shall
pay to such clerk, an interest on the amount of such bill, at the rate of ten per cen-
tum per annum, from the time of the delivery of such bill till the same be paid.

Sec. 28. The clerks of the supreme and circuit courts, and the judges of probate
shall, at or after every term of their respective courts, make and set down, in a
book to be kept for that purpose, a fee bill in each cause in which costs shall have
been adjudged, including the costs of sheriffs and other officers of court, setting
down the costs of the plaintiff and defendant ; which book shall be a public record ;
and for the purpose of collecting such costs, it shall and may be lawful for such
clerk, and it is hereby made his duty, when required by any officer of the court,
interested in the same, to make out a copy or transcript of such bill of costs and
deliver the same to the sheriff or any constable of the county where the person or
persons chargeable with the same, shall reside or have property ; which fee bill, so
issued, shall have the force and effect of an execution, and be collected in the same
manner : Provided, Nothing herein contained shall be so construed as to prevent
the collection of such costs by execution, on final judgments.

Sec 29. If any sheriff or other officer, to whom any such fee bill shall have
been delivered, shall neglect to make return thereof, or to pay the amount of such

250 FEES AND SALARIES.

fee bill, except his own fees, it shall and may be lawful for any party interested in
such fee bill, to obtain a rule of court against such sheriff or other officer, and pro-
ceed against him by attachment, and recover the same according to the rules and
practice of the court where such costs may have accrued.

Sec. 30. Clerks of the supreme and circuit courts shall not be required to make
up or certify a complete record, except in capital criminal cases, and cases in which
the title to land is in question, or by special order of the court ; but such record
shall only contain the declaration, plea, demurrer, rejoinder or other pleadings in
the suit, together with the judgment of the court below given thereupon ; nor unless
directed by a party to insert such pleadings or papers as he may deem necessary,
in which case, such party shall pay the additional costs ; and if in any cause, where
the clerk is not required by law, either party shall require a complete record, the
party so requiring it, shall pay the cost of the same.

Sec 31. Any person who has heretofore been, or who is at this time the sher-
iff of any county in this State, and in whose hands the clerks of their respective
counties, have, agreeably to the statute of this State in such cases made and provi-
ded, put their fees for collection, and which fees, the sheriffs as aforesaid, have not
collected, are hereby fully authorized to go on and make such collections, as if they
had clone so in strict conformity with the law ; together with all fees which may be
due to them for services as sheriffs rendered : Provided, That no division of a
county shall, in any instance, interfere with such collections.

Sec. 32. The clerks of the circuit and county commissioners' courts, shall pro-
vide all the necessary books for their respective offices, and a safe press or presses,
with locks and keys for the safe keeping of the archives of their respective offices ;
and the countv commissioners' courts shall make allowances for the same, and for
articles of stationery necessary for their respective courts, out of the county treas-
ury, from time to time;* and the clerk of the supreme court shall also procure the
necessary books, stationery and presses, for the safe deposit of the archives of his
office ; which shall be certified by the said court to the auditor of public accounts,
who shall draw a warrant or warrants on the State treasury for the amount of the
same.

Sec. 33. It shall be the duty of the county commissioners' court in each county,
as soon as the same shall be practicable, to cause a suitable room or rooms to be
provided at the court house in their respective counties, for the offices of the clerks
of the circuit courts, and county commissioners' courts ; and when the same shall
be so provided, the clerks shall keep their offices at the place so provided.

Sec. 34. In all cases on judgments, on which execution may, or shall hereafter
issue, from any court of record, the clerk of the court from which the same shall
issue, shall at the time of issuing thereof, make out under his signature, and deliv-
er to the sheriff or coroner, as the case may be, with the execution, a detailed bill
of the costs in the said suit, from its commencement to its termination, in order that
the party paying the same may certainly know with and for what he is chargeable ;
which said bill, the said officer to whose hands the execution may so come, shall
deliver to the party against whom the execution may be ; and upon his replevying
or paying the same, together with his certificate thereon, that the same was so re-
plevied or paid by the said person.

Sec. 35. Should any officer concerned in issuing or executing any execution,
hereafter to be issued as aforesaid, fail in the duty enjoined on him in the preceding
section hereof, he shall forfeit and pay to the party injured, the sum of fifty dollars

FERRIES AND TOLL BRIDGES.

251

with costs, to be recovered in any court of record in this State, and no imparlance
or delay shall be allowed therein.

Sec. 36. The clerks of the several courts aforesaid, probate justices and justices
of the peace, respectively, shall be required to set up in some conspicuous place in
each of their offices, and there continually keep a fair and complete table of their fees,
allowed by this chapter ; and if any such officer shall fail to comply with the provis-
ions of this section, or shall, at any time hereafter, for ten days together, not have
such table continually kept up as aforesaid, he shall forfeit and pay for every such
neglect, the sum of ten dollars, to be recovered before any justice of the peace of
the proper county, to the use of any person or persons who may inform and sue
for the same.

Sec. 37. The clerks of the courts of county commissioners shall not charge
any fees for issuing writs of election, comparing election returns, issuing notices to
supervisors of roads, issuing certificates of allowances made to individuals by the
court, or for any other services rendered the county; but the courts shall allow their
respective clerks such reasonable compensation as they may think right, as an ex
officio fee, not exceeding twenty dollars per annum, exclusive of a reasonable allow-
ance per day, for their attendance on the courts in term time.

Sec 38. Every officer authorized by law to take proofs or acknowledgments of
deeds, is allowed a fee of twenty-five cents, for each deed proved or acknowledged
before him.

Sec. 39. It shall be the duty of the clerk of any circuit court in this State, in
all cases where fees are remaining, belonging to and unpaid, in cases in the said
court, whether disposed of or not, to the predecessor of said clerk, upon request of
the said predecessor, his heirs or legal representatives, to issue his fee bill or exe-
cution therefor, as the case may be, under the seal of said court, and said fee bill
shall have the force and effect of an execution ; and the said clerk shall have no
claim upon his said predecessor for the fees of issuing said fee bill or execution,
but shall look to the party in the case liable therefor.

Approved : March 3, 1845.

[Amended: — See Appendix, Act No. 16.]

CHAPTER XLII.

EERI1IES AND TOLL BRIDGES .

Section

1 . Ferry or toll bridge, when application made for,

■ duty of county commissioners : Provided, no-
tice of intention be given.

2. When established, license to be granted; Pro-

vided, tax assessed be paid, and bond entered
into.

3. Boats, ferrymen, landing, &c.

4. Toll bridge or turnpike to be kept in good re-

pair.

5. Duty of keeper; public messengers to pass

free ; who considered such ; penalty for neg-
lect of keeper ; damages, how collected ; keep-

Section

er excused in case of high water, &c; jury-
men, when entitled to pass free.

6. Rates of toll, how fixed, and penalty for over-

charging.

7. List of rates to be posted up, and penalty for

neglect or refusal.

8. Order of crossing; penalty for violation ofj

who shall be first when all can not go.

9. Rights of owners or keepers.

10. Ferries and toll bridges heretofore established

and continued, declared further established.

11. Penalty for running boat without license.

252

FERRIES AND TOLL BRIDGES.

Section

12. Keepers of ferries, toll bridges and turnpike

gates exempt from military duty, road labor,
and serving on jury.

13. Proprietor of ferry, toll bridge or turnpike

Section

road, to show cause why same shall not be
discontinued for neglect of duty.

14. Annual tax, amount of, and how assessed.

15. County may purchase.

16. Keeping without license, penalty for.

Section 1. Whenever it shall be considered necessary to establish a ferry or
toll bridge across any lake, river, creek, or any other water course within the lim-
its or upon the borders of this State, or to turnpike or causeway any public road
or highway, it shall be the duty of the county commissioners' court of the proper
county, on due application being made by any qualified person or persons, to estab-
lish and confirm the same by a special order, to be made for that purpose, under
such regulations, restrictions and forfeitures as are hereinafter directed and pointed
out : Provided, That no such application shall avail any such person or persons as
aforesaid, unless his, her or their intention in relation thereto, shall have been pre-
viously published in some public newspaper printed in this State, or advertised on
the door of the court house, and in three other of the most public places in the
county, in which such ferry, toll bridge or turnpike road is proposed to be estab-
lished, for at least four weeks successively, next preceding the sitting of the court
at which the same shall be made : And, provided further, That the proprietor or
proprietors of the lands adjoining to, or embracing such water course as aforesaid,
over which any such ferry or toll bridge shall be proposed to be established as
aforesaid, or where any such turnpike road shall pass as aforesaid, shall, at all
times, have the preference in establishing or erecting the same, in all cases where
application shall be made for that purpose, before such privilege shall have been
granted to any other person or persons as aforesaid.

Sec 2. When any ferry, toll bridge or turnpike road shall be established as
aforesaid, it shall be the duty of the court establishing the same, to direct their clerk
to issue to the proprietor or proprietors thereof, a license under the seal of such
court, to keep the same according to law : Provided, That such proprietor or pro-
prietors as aforesaid, to whom any such license may be directed to be issued as
aforesaid, shall, before the issuing thereof, pay into the county treasury, or to such
person or persons as shall be authorized to receive the same, the amount of the first
year's tax, which may be assessed upon such ferry, toll bridge or turnpike road, by
said court, and specified in the order establishing the same, and enter into bond
with one or more sufficient securities, to be approved by the court, in a sum not
less than one hundred, nor more than five hundred dollars ; payable to the county
commissioners of the proper county, and their successor in office, for the use of
such county, with a condition therein contained, that he, she or they, will keep
such ferry, toll bridge, or turnpike road according to law ; and if default shall, at
any time, be made in the condition of said bond, damages, not exceeding the penal-
ties therein mentioned, may be sued for, and recovered in the name of the county
commissioners for the use of the county wherein such ferry, toll bridge or turnpike
road shall have been established, in any court having competent jurisdiction.

Sec 3. Each ferry-keeper shall be furnished and provided with a good tight
boat or boats, if more than one be necessary, and other small craft of sufficient num-
ber, dimensions, strength and steadiness, for the safe and speedy transportation of
all passengers, their teams, horses, cattle and other animals, as well as their goods,
chattels and effects ; and the said boat or boats, and other small craft shall, at all
times, be well furnished with suitable oars, setting poles, rigging and other imple-

FERRIES AND TOLL BRIDGES. 253

ments necessary for the service thereof; and also with men of sufficient number,
strength, discretion and skill to manage the same ; and such ferry-keeper shall, at
all times, keep the place of embarking and landing in good repair, by cutting away
the banks and erecting wharves and causeways when necessary, so that passengers,
their teams, horses, cattle and other property, may be embarked and landed without
danger or unnecessary delay.

Sec. 4. Every keeper of a toll bridge or turnpike road, shall, in like manner,
be required to keep the same at all times in good repair, so as to afford a safe and
speedy passage to all persons, their teams, horses, cattle and other animals, who
may have occasion to use the same.

Sec 5. Every keeper of a ferry, toll bridge or turnpike road as aforesaid, shall
give constant and diligent attention to the same, from daylight in the morning until
dark in the evening of each day, and shall give passage to all public messengers
and expresses, to all grand and petit jurors, when going to and returning from
court, without any fee or reward whatever : Provided, That no messenger or ex-
press shall be considered as being sent on public service, within the meaning of
this chapter, unless he shall have been dispatched by a commander-in-chief, major
or brigadier general, colonel, lieutenant-colonel, major or commandant of some mil-
itary post or establishment, to the governor or commander-in-chief of the militia
of this State, or vice versa ; and the dispatch carried by such messenger or express,
be indorsed, "on public service," and signed by the officer sending the same. And
all such keepers of ferries, toll bridges and turnpike roads as aforesaid, shall also be
obliged at any hour of the night, if required, except in cases of evident danger, to
give passage to all public messengers and expresses as aforesaid ; and also to all
other persons requiring the same, on their paying or tendering double the rate of
ferriage or toll allowed to be taken during the day time. And if any such keeper
of a ferry, toll bridge or turnpike road as aforesaid shall, at any time, neglect or
refuse to give passage to such person or persons, or their property as aforesaid, he
or she so offending, shall forfeit and pay five dollars for every such offence to the
party aggrieved, before any justice of the peace of the county wherein such offence
shall be committed, and shall also be liable to an action on the case, for any special
damage which any such person may sustain in consequence of such neglect or re-
fusal. But no ferryman shall be required to put off from shore, or to attempt to
pass any such water course as aforesaid, when it manifestly appears to be hazar-
dous so to do, by reason of any flood, storm, tempest or ice ; nor shall any keeper
of a ferry, toll bridge, or turnpike road as aforesaid, be compellable, (except as is
hereinbefore excepted,) to give passage to any person or persons, or to his, her or
their property as aforesaid, until the fare or toll properly chargeable by such keeper,
shall have been fully paid or tendered ; and every juryman, to entitle him to the
benefit of this section, shall produce to the ferry-keeper, &c, the certificate of the
sheriff of his county, that he has been duly summoned to serve on the grand or
petit jury at the term of the court, to or from which he is going.

Sec 6. The county commissioners' courts in their respective counties, are au-
thorized and required to fix, from time to time, the rates, fare or toll, which each
keeper of any ferry, toll bridge or turnpike road, shall hereafter demand for the
passage of all persons, wagons, carts, carriages, horses, cattle, sheep, hogs and other
property, having due regard to the breadth and situation of the stream or water
course over which such ferry or bridge shall be established, the dangers and diffi-
culties incident thereto, the length, breadth and quality of the road, and the pub-

254 FERRIES AND TOLL BRIDGES.

licity of the place at which the same shall have been established. And every such
keeper of a ferry, toll bridge or turnpike road as aforesaid, who shall, at any time,
demand and take, more than the fare or toll so stated and allowed as aforesaid, shall
forfeit and pay to the party aggrieved, for every such offence, the sum of five dollars
over and above the amount which shall be thus illegally demanded and taken, to be
recovered before any justice of the peace of the county wherein such offence shall
be committed.

Sec. 7. Each keeper of a ferry, toll bridge or turnpike road, which now is or
shall hereafter be established in this State, shall be required to set or post up in
some conspicuous place, immediately adjoining his or her ferry landing, toll bridge
or turnpike gate, a painted, printed or written list of the several rates or fares,
which shall be chargeable at such ferry, toll bridge or turnpike gate, so that the
same shall not exceed those which shall, from time to time, be allowed by law ;
which said lists of fares or rates as aforesaid, shall at all times, be painted, printed or
written in a plain, legible manner, and posted up so near the place or places where
persons shall pass across such ferry, toll bridge or turnpike road as aforesaid, that
the same shall be open and legible to all such passengers : And if, at any time,
any such keeper as aforesaid, shall refuse or neglect to put up such list of rates or
fares as aforesaid, it shall not be lawful to charge any ferriage or toll, or to take
any compensation whatever, at any such ferry, toll bridge or turnpike gate, dur-
ing such delinquency.

Sec. 8. All persons shall be received into such ferry boats or other vessels
as aforesaid, and conveyed across the water course over which the same shall be
established, according to their arrival or first coming to the said ferry : And if any
ferry-keeper shall act contrary to this regulation, he shall forfeit and pay the sum
of three dollars for every such offence, to the party aggrieved, recoverable before
any justice of the peace of the county wherein such offence shall have been com-
mitted : Provided, That all public officers, or such as go on public or urgent occa-
sion, as post riders, couriers, physicians, surgeons and midwives, shall, in all
cases, be the first carried over, where all can not go at the same time.

Sec. 9. The owner or owners, keeper or keepers, at all ferries and toll bridges,
which now are, or hereafter shall be established by law, and kept agreeably to this
chapter, shall have the exclusive privilege of the transportation or passage of all
persons, their teams, horses, cattle and other property over or across the same, and
be entitled to all the fare by law arising therefrom : Provided, That nothing herein
contained shall be construed to prevent any person or persons from crossing any
stream or water course, over which any such ferry or toll bridge shall be estab-
lished as aforesaid, in his or her own boat or other craft, on his or her own busi-
ness ; and also to take in and cross his neighbors where the same is done without
fee, and not with intention to injure any ferryman near.

Sec 10. All ferries heretofore established and confirmed over the river Ohio,
to the proprietor or proprietor of land on the western shore of said river, by the
county commissioner' courts of any of the counties bounded by or situate upon said
river, as well as all other ferries and toll bridges which have, at any time, been es-
tablished over any other of the lakes, rivers, creeks or other water courses, within
the limits or upon the borders of this State, and where the same have been kept in
operation or repair, from time to time, according to law ; and have not at any time
since their establishment been discontinued or abandoned, shall be, and they are

FERRIES AND TOLL BRIDGES. 255

hereby declared to be established ferries and toll bridges, within the meaning of
this chapter.

Sec. 11. If any person or persons except those whose ferries or toll bridges
are established and confirmed by this chapter, or shall hereafter be established and
licensed by some county commissioners1 court under the provisions of this chapter,
shall, at any time, run any boats or other craft, for the purpose of conveying pas-
sengers or their property across any such water course as aforesaid, within three
miles of any ferry or toll bi'idge which now is, or hereafter shall be established as
aforesaid, except as is hereinbefore allowed, he, she or they so offending, shall for-
feit every such boat or boats, or other craft to the owner or proprietor of the ferry
or toll bridge within three miles of which the same shall be run as aforesaid ; and
the owner or proprietor of such ferry or toll bridge may, at any time after such
forfeiture shall have accrued, enter upon and take possession of such boat or boats,
or other craft, to his or her own use ; and such offender shall, moreover, pay to the
proprietor of such ferry or toll bridge as aforesaid, who may be aggrieved as afore-
said, the sum of fifteen dollars for each person who may be thus unlawfully carried
or conveyed across any such water course as aforesaid, to be recovered by motion
before any justice of the peace of the proper county, upon giving to such offender
five days' notice of the time and place of making such motion ; which notice may be
served on such person or persons, either in or out of the State, by delivering or
tendering a copy thereof.

Sec 12. For the encouragement of ferry-keepers, and the keepers of the gates
of toll bridges and turnpike roads, and in consideration of their giving a free pas-
sage to public messengers and others exempted by this chapter, all men necesi irily
attending on ferries, toll bridges or turnpike gates in this State, shall be free from
military duty, of opening and repairing highwaj^s, so far as personal service is re-
quired, and from serving on juries.

Sec 13. If any ferry or ferries which now are, or hereafter may be esta1 "shed
as aforesaid, shall not be furnished with sufficient boat or boats, or other craft, with
the necessary oars, setting poles, rigging, and other implements for the service there-
of, and also wTith a sufficient number of able bodied and skilful ferrymen, as is pro-
vided in the third section of this chapter, within three months from the establish-
ment thereof, or if any toll bridge or turnpike road, which now is, or hereafter
shall be established as aforesaid, shall not be erected and completed agreeably to
the terms and conditions imposed by the county commissioners' court, within
twelve months after the establishment thereof, or if any such ferry, toll bridge or
turnpike road shall not, at any time hereafter, be kept in good condition and repair,
agreeably to the provisions of this chapter, or if the same shall, at any time be
abandoned, disused or unfrequented for the space of six weeks, it shall and maybe
lawful for the county commissioners' court of the proper county, on complaint being
made, to summon the proprietor or proprietors of such ferry, toll bridge or turn-
pike road, to show cause why the same should not be discontinued, and their license
revoked ; and decide thereon according to the testimony adduced, and as shall be
agreeable to equity and justice j which decision, when made, shall be valid in law
to all intents and purposes, but subject to appeal to the circuit court, as in other
cases.

Sec 14. All ferries, toll bridges and turnpike roads, which now are, or here-
after may be established as aforesaid, shall be subject to an annual tax of not less
than two, nor more than one hundred dollars, in the discretion of the county com-

256 FORCIBLE ENTRY AND DETAINER.

missioners' court of the county in which the same shall be located ; which tax,
when assessed, shall be collected and paid over as the other taxes are, and shall
constitute a part of the county revenue.

Sec 15. If the county in which any toll bridge or turnpike road shall be estab-
lished and erected as aforesaid, shall, at any time, pay or cause to be paid to the
proprietor or proprietors thereof, the original cost of such toll bridge, or turnpike
road as aforesaid, with ten per cent, interest thereon, then the said bridge or road
shall cease to be private property, and shall become a public bridge or highway.

Sec 16. No person shall establish, keep or use any ferry, toll bridge, or turn-
pike road as aforesaid, for the conveyance or passage of persons and their proper-
ty as aforesaid, for profit or hire, unless he or she shall be licensed as directed by
this chapter, under the penalty of five dollars for each offence, recoverable before
any justice of the peace of the county wherein such offence shall be committed ; the
one-half thereof shall go to the person suing for the same, and the other half to the
county ; and if any person or persons not licensed as aforesaid shall, at any time, pass
any person or persons, or their property as aforesaid, except as is provided in
the ninth section hereof, over any lake, river, creek or any other water course,
where any ferry or toll bridge shall, at the time, be established and kept as aforesaid,
or within three miles thereof, either with or without compensation, with intent to
injure the keeper or proprietor of such ferry or toll bridge, he, she or they shall
incur the same forfeitures, and may be proceeded against in the same manner as is
provided in the eleventh section : Provided, That it shall not be considered illegal
for any person or persons to pass any person or his property without compensation,
in cases where it shall be made to appear that such established ferry or toll bridge
was not, at the time, in actual operation, or in sufficient repair to have afforded to
such person or his property a safe and speedy passage.

Approved : March 3, 1845.

CHAPTER XLIII.

FORCIBLE ENTRY AND DETAINER.

Section ; Section

1. What deemed forcible entry and detainer. oath; jus'tces shall keep record of procee-

2. Actions to be brought before justices of the dings; effect of judgment.

peace; proceedings in such cases; how jury ; 5. Appeal to circuit court allowed ; how taken and

summoned. tried.

3. Duty of sheriff; if defendant do not appear, J 6. Appeal bond to provide for payment of rents ;

exparte trial may be had. effect of judgment in circuit court.

4. No indictment requisite ; complaint to be under I

Section 1. If any person shall make any entry into any lands, tenements or
other possessions, except in cases where entry is given by law, or shall make any
such entry by force, or if any person shall wilfully and without force, hold over
any lands, tenements or other possessions, after the determination of the time for
which such lands, tenements or possessions were let to him, or to the person under

FORCIBLE ENTRY AND DETAINER. 257

whom he claims, after demand made in writing for possession thereof, by the person
entitled to such possession, such person shall be adjudged guilty of a forcible entry
and detainer, or a forcible detainer, as the case may be, within the intent and mean-
ing of this chapter.

Sec. 2. Any justice of the peace of any county in this State, shall have juris-
diction of any case arising under this chapter, and on complaint upon oath of the
party aggrieved, or his authorized agent, shall issue his summons directed to the
sheriff, (or coroner, if the sheriff be interested,) of his county, commanding him,
to summon the person against whom the complaint is made, to appear before such
justice at a time and place to be stated in such summons, not more than twelve, nor
less than six days from the time of issuing such summons, and which shall be
served at least five days before the return day thereof, by reading the same to the
defendant, or leaving a copy at his place of abode; and the said justice shall, also,
at the same time, issue a precept to the s her i ft* or coroner, commanding him to sum-
mon a jury of twelve good and lawful men of the county, to appear before him at
the return of such summons, to hear and try the said complaint. And if any part
of the jurors shall fail to attend, or be challenged, the said justice may order the
sheriff or coroner to complete the number, by summoning and returning others
forthwith.

Sec. 3. The sheriff or coroner shall return to the said justice the summons and
precept as aforesaid, on the day assigned for trial, and shall state on the back of
said summons how the same was served, and on the back of said precept, a list of
the names of the jurors. And if the defendant does not appear, the justice shall
proceed to try the said cause, ex parte, or may, in his discretion, postpone the trial
for a time not exceeding ten days ; and the said justice shall also issue subpoenas for
witnesses, and proceed in the trial of said cause, as in other cases of trial by jury.

Sec 4. No indictment or inquisition shall be necessary in any case arising
under this chapter ; but the justice shall set down in writing, the complaint, under
oath, particularly describing the lands, tenements or possessions" in question, and
shall keep a record of the proceedings had before him ; and if the jury shall find the
defendant guilty, he shall give judgment thereon, for the plaintiff to have restitution
of the premises and his costs, and shall award his writ of restitution ; and if a ver-
dict be given for the defendant, judgment shall be given against the plaintiff for
costs and execution issued therefor.

Sec. 5. If either party shall feel aggrieved by the verdict of the jury or the
decision of the justice on any trial had under this chapter, he or she may have an
appeal to the circuit court, to be obtained in the same manner and tried in the same
way as appeals from justices of the peace in other cases.

Sec. 6. If the defendant or defendants appeal, he or they shall also insert in the ap-
peal bond, a clause conditioned for the payment of all rents becoming due, if any, from
the commencement of the suit, until the final determination thereof. If the appeal
be taken within five days after the trial had before the justice, no writ of restitution
or execution shall be issued by him; and the circuit court, on giving judgment for
the plaintiff, shall award a writ of restitution, and execution for costs, including the
costs before the justice ; and if judgment be for the defendant, he shall recover
costs, in like manner, and have execution for the same.

Approved : March 3, 1845.

[Amended: — See Appendix, Act No. 18.]

17

CHAPTER XLIV.

FRAUDS AIsTD PERJURIES

ion Section

When action brought, promise or agreement to 8. When personal estate of ancestor insufficient to

be in writing and signed by ihe party charged, pay debts, real estate in hands of heirs or de-

or other authorized person. visees may be taken in execution.

2. Conveyances of real and personal estate, in what

cases shall be deemed fraudulent.

3. Bona fide conveyances, when good considera-

tion, not deemed fraudulent.

4. Trusts in relation to real estate, not in writing,

void; exceptions as to resulting trusts.

5. Fraudulent devises in real estate declared void.

6. Person making fraudulent devise, his heirs, &c,

subject to same action, as he might be, if living.

7. Guardian, ad litem, when may be appointed.

In action against heir or devisee, he may plead
riensper descent; reply of plaintiff thereto; how
issue tried and damages assessed.

10. If, on judgment against executor, sufficient pro-

perty of deceased be not found, suit may b&
brought against heir or devisee.

11. If estate be not administered upon within one

year after death, separate suit may be main-
tained against heir or devisee.

12. Facts shall be distinctly set forth in declaration.

Section 1. No action shall be brought, whereby to charge any executor or ad-
ministrator upon any special promise to answer any debt or damages out of his own
estate, or whereby to charge the defendant upon any special promise to answer for
the debt, default, or miscarriage of another person ; or to charge any person upon
any agreement made upon consideration of marriage, or upon any contract for the
sale of lands, tenements or hereditaments, or any interest in, or concerning themT
for a longer term than one year ; or upon any agreement that is not to be performed
within the space of one year from the making thereof, unless the promise or agree-
ment upon which such action shall be brought, or some memorandum or note there-
of, shall be in writing, and signed by the party to be charged therewith, or some
other person thereunto by him lawfully authorized.

Sec 2. Every gift, grant or conveyance of lands, tenements, hereditaments,
goods or chattels, or of any rent, common or profit of the same, by writing or oth-
erwise ; and every bond, suit, judgment or execution had and made, or contrived
of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder
or defraud creditors of their just and lawful actions, suits, debts, accounts, damages,
penalties or forfeitures, or to defraud or deceive those who shall purchase the same
lands, tenements or hereditaments, or any rent, profit or commodity out of them,
shall be from thenceforth deemed and taken only as against the person or persons,
his, her or their heirs, successors, executors, administrators or assigns, and every
of them, whose debts, suits, demands, estates and interests by such guileful and
covinous devices and practices as aforesaid shall, or might be, in anywise disturbed,
hindered, delayed or defrauded, to be clearly and utterly void ; any pretence, color,
feigned consideration, expressing of use, or any other matter or thing to the con-
trary notwithstanding ; and moreover, if a conveyance be of goods and chattels, and
be not, on consideration, deemed valuable in law, it shall be taken to be fraudulent,
unless the same be by will, duly proved and recorded, or by deed in writing, ac-
knowledged or proved, if the same deed includes land, also, in such manner as con-
veyances of land are by law directed to be acknowledged or proved ; or if it be
goods and chattels only, then acknowledged or proved by two witnesses, before any

FRAUDS AND PERJURIES. 259

court of record in the county wherein one of the parties lives, within eight months
after the execution thereof, or unless possession shall really and bona fide remain
with the donee.; and in like manner where any loan of goods and chattels shall be
pretended to have been made to any person, with whom or those claiming under
him, possession shall have remained for the space of five years, without demand
made and pursued by due process at law, on the part of the pretended lender, or
where any reservation or limitation shall be pretended to have been made of an use,
or property by way of condition, reservation, remainder or otherwise, in goods or
chattels, the possession whereof shall have remained in another as aforesaid, the
same shall be taken as to creditors and purchasers of the person aforesaid, so re-
maining in possession, to be fraudulent, and that the absolute property is with the
possession, unless such loan, reservation, or limitation of use or property were de-
clared, by will or deed in writing, proved and recorded as aforesaid.

Sec. 3. This chapter shall not extend to any estate or interest in any lands,
goods or chattels, or any rents common or profit, out of the same, which shall be
upon good consideration, and bona fide lawfully conveyed, or assured to any person
or persons, bodies politic or corporate.

Sec. 4. All declarations or creations of trusts or confidences of any lands, ten-
ements or hereditaments, shall be manifested and proved by some writing signed
by the party, who is by law enabled to declare such trust, or by his last will in
writing ; or else they shall be utterly void and of no effect : Provided, That result-
ing trust or trusts created by construction, implication, or operation of law, need
not be in writing, and the same may be proved by parol.

Sec. 5. All wills and testaments, limitations, dispositions or appointments of,
or concerning any lands and tenements, or of any rent, profit, term or charge, out
of the same, whereof any person or persons at the time of his, her or their decease,
shall be seized in fee simple, in possession, in reversion, or remainder, or have
power to dispose of the same by his, her or their last will and testament, shall be
deemed and taken (only as against the person or persons, his, her or their heirs,
successors, executors, administrators or assigns, and every of them whose debts,
suits, demands, estates and interests, by such will, testament, limitation, disposition
or appointment as aforesaid, shall, or might be in anywise disturbed, hindered, de-
layed or defrauded,) to be fraudulent, void and of none effect, any pretence, color,
feigned or presumed consideration, or any other matter or thing to the contrary not-
withstanding.

Sec 6. Any person or persons, his, her or their heirs, devisees, executors,
administrators, successors or assigns, and every of them, who shall or may have
any debts, suits or demands against any person or persons who shall make any frau-
dulent devise as aforesaid, or who have any debts, suits or demands against any
person or persons who shall die intestate, and have real estate to his, her or their
heirs, to descend according to the laws of this State, shall, and may have and main-
tain the same action or actions, which lie against executors and administrators upon
his, her or their bonds, specialities, contracts, agreements and undertakings, against
the executors or administrators, and the heir or heirs, or against the executors or
administrators, and the devisee or devisees, or may join the executors or adminis-
trators, the heir or heirs, and the devisee or devisees of such obligor or obligors,
undertaker or undertakers as aforesaid, and shall not be delayed for the non-age of
any of the parties.

2G0 FRAUDS AND PERJURIES.

Sec. 7. When any suit or action in law or equity, shall be brought against any
heir or heirs, devisee or devisees, who shall be of non-age, it shall be lawful for
the court to appoint a guardian, ad litem, lor such infant heir or heirs, devisee or
devisees' and may compel the person so appointed to act : Provided, That by such
appointment, such person shall not be rendered liable to pay any costs of suit.

Sec 8. When any lands, tenements or hereditaments, or any rents or profits
out of the same shall descend to any heir or heirs, or be devised to any devisee or
devisees, and the personal estate of the ancestor of such heir or heirs, or devisor
of such devisee or devisees, shall be insufficient to discharge the just demands
against such ancestor, or devisor's estate, such heir or heirs, devisee or devisees,
shall be liable to the creditor of their ancestor or devisor, to the full amount of the
lands, tenements or hereditaments, or rents and profits out of the same as may de-
scend, or be devised to the said heir or heirs, devisee or devisees ; and in all cases
where any heir or heirs, devisee or devisees, shall be liable totpay the debt or debts
of his executor or devisor, in regard of any lands, tenements or hereditaments, or
anj' rent or profit arising out of the same, descending or being devised to him, her
or them, and shall sell, alien or make over the same before any action brought, or
process sued out against him, her or them, such heir or heirs at law, devisee or de-
visees, shall be answerable for such debt or debts to the value of the said lands,
tenements and hereditaments, rents or profits, so by him, her or them sold, aliened
or made over ; and executions may be taken out upon any judgment so obtained
against such heir or heirs, devisee or devisees, to the value of the said lands, tene-
ments and hereditaments, rents and profits, out of the same, as if the same were his,
her or their own proper debt or debts, saving and excepting that the lands and ten-
ements, rents and profits, by him, her or them bona fide aliened, before the action
brought, shall not be liable to such execution.

Sec 9. When any action or suit is brought against any heir or heirs, devisee or
devisees, he, she or they may plead riens per descent, at the time of the commence-
ment of the action or suit, and the plaintiff in such action may reply, that he, she
or they had lands, lenements or hereditaments, or rents or profits out of the same,
from his, her or their ancestor, or devisor, before the commencement of the action
or suit, and if upon issue joined thereupon, it be found for the plaintiff, the jury
shall inquire of the value of the lands, tenements, hereditaments, or rents and pro-
fits out of the same, so descended or devised, and thereupon judgment shall be given
and execution awarded as aforesaid ; but if judgment be given against such heir or
heirs, devisee or devisees, by confessing of the action without confessing the assets
descended or devised, or upon demurrer or nihil dicit, or default, said judgment
shall be given for the plaintiff, without any writ to inquire of the lands, tenements
or hereditaments, or rents and profits out of the same, so descended or devised.

Sec. 10. In all cases where a judgment has been obtained against the executor
or executors, administrator or administrators, of a deceased person, on a contract
or undertaking, on which a joint action might have been maintained against the ex-
ecutor or executors, administrator or administrators, and the heir or heirs, devisee
or devisees of the deceased person, if it shall appear by a judgment of record, or
the return of a proper officer, that there is not property of the deceased person
in the hands of the executor or executors, administrator or administrators, to satisfy
such judgment, it shall be lawful to bring a separate suit or action against the heir
or heirs, devisee or devisees on such contract or undertaking ; and the judgment

FUGITIVES FROM JUSTICE.

261

against the executor or executors, administrator or administrators, if not satisfied,
shall be no bar to the suit or action against the heir or heirs, devisee or devisees.

Sec. 11. If no person shall administer on the goods and chattels of a deceased
person, for the space of one year after his or her death, a separate suit or action
may be maintained against the heir or heirs, devisee or devisees, on all the con-
tracts and undertakings of such deceased person.

Sec. 12. In all actions or suits commenced under the provisions of the preced-
ing sections, the facts authorizing the suit to be brought separately against the heir
or heirs, devisee or devisees, shall be distinctly set forth in the declaration.

Approved : March 3, 1845.

CHAPTER XLV.

FUGITIVES FROM JUSTICE.

Section

1. Fugitive from justice, when demanded by ex-

ecutive of another State, Governor shall issue
warrant for his apprehension.

2. When executive of this State shall demand fugi-

tive from executive of another State, lie shall
issue his warrant to messenger appointed to
receive fugitive.

3. Expenses, how paid.

4. When judge or justice may issue warrant for

apprehension of fugitives, if found guilty on
examination, may he committed to jail, or
may be bailed, if offence bailable ; examination

Sect on

to be reduced to writing, and returns thereof
made to circuit court of the proper county;
further proceedings defined.

5. When party admitted to bail, and no demand

made, how court may proceed.

6. Forfeiture of recognizance, benefit of, to enure

to State.

7. When complaint made against fugitive, security

to be given for costs ; further proceedings de-
fined.

8. When prisoner escapes, Governor may offer re-

ward for apprehension.

Section 1. Whenever the executive of any other State, or of any territory of
the United States, shall demand of the executive of this State, any person as a fu-
gitive from justice, and shall have complied with the requisitions of the act of Con-
gress in that case made and provided, it shall be the duty of the executive of this
State to issue his warrant under the seal of the State, to apprehend the said fugi-
tive, directed to any sheriff, coroner, or constable of any county of this State, or
other person whom the said executive may think fit to entrust with the execution of
said process : Any of the said persons may execute such warrant any where within
the limits of this State, and convey such fugitive to any place within this State,
which the executive in his said warrant shall direct.

Sec 2. Whenever the executive of this State shall demand a fugitive from jus-
tice from the executive of any other State, he shall issue his warrant, under the
seal of the State, to some messenger, commanding him to receive the said fugitive
and convey him to the sheriff of the proper county where the offence was com-
mitted.

Sec 3. The expenses which may accrue under the two foregoing sections,
being first ascertained to the satisfaction of the executive, shall, on his certificate, be
allowed and paid out of the State treasury, on the warrant of the auditor.

2G2 FUGITIVES FROM JUSTICE.

Sec. 4. Whenever any person within this State shall be charged upon the oath
or affirmation of any credible witness, before any judge or justice of the peace,
with the commission of any murder, rape, robbery, burglary, arson, larceny, forge-
ry or counterfeiting, in any other State or territory of the United States, and that
the said person hath fled from justice, it shall be lawful for the said judge or jus-
tice to issue his warrant for the apprehension of said person. If, upon examina-
tion, it shall appear to the satisfaction of such judge or justice, that the said person
is guilty of the offence alleged against him, it shall be the duty of the said judge or
justice to commit him to the jail of the county; or if the offence is bailable accor-
ding to the laws of this State, to take bail for his appearance at the next circuit
court to be holden in that county. It shall be the duty of the said judge or justice
to reduce the examination of the prisoner, and those who bring him, to writing,
and to return the same to the next circuit court of the county where such exami-
nation is had, as in other cases ; and shall also send a copy of the examination and
proceedings to the executive of this State, so soon thereafter as may be. If, in the
opinion of the executive of this State, the examination so furnished, contains suffi-
cient evidence to warrant the finding of an indictment against such person, he
shall forthwith notify the executive of the State or territory, where the crime is
alleged to have been committed, of the proceedings which have been had against
such person, and that he will deliver such person on demand, without requiring
a copy of an indictment to accompany such demand ; when such demand shall be
made, the executive of this State shall forthwith issue his warrant under the seal of
the State, to the sheriff of the county where the said person is committed or bailed,
commanding him to surrender him to such messenger as shall be therein named, to
be conveyed out of this State. If the said person shall be out on bail, it shall be
lawful for the sheriff to arrest him forthwith, any where within the State, and to
surrender him agreeably to said warrrant.

Sec. 5. In cases where the parties shall have been admitted to bail, and shall ap-
pear at the circuit court according to the condition of his recognizance, and no
demand shall have been made of him, it shall be in the power of the said court to
discharge the said recognizance, or continue it, according to the circumstances of
the case, such as the distance of the place where the offence is alleged to have
been committed, the time that hath intervened since the arrest of the party j and the
strength of the evidence against him. In no case shall such person be held in pris-
on or to bail, longer than till the end of the second term of the circuit court after
his caption. If no demand be made upon the sheriff for him within that time, he
shall be discharged from prison, or exonerated from his recognizance, as the case
may be.

Sec 6. If the recognizance shall be forfeited, it shall enure to the benefit of
the State.

Sec 7. In all cases where complaint shall be made as aforesaid against any fu-
gitive from justice, it shall be the duty of the judge or justice to take good and
sufficient security for the payment of all costs which may accrue from the arrest and
detention of such fugitive ; which security shall be by bond, to the clerk of the cir*
cuit court, conditioned for the payment of costs as above ; which ' bond, together
with a statement of the costs which may have accrued on the examination, shall be
returned to the office of the clerk of the circuit court; and upon the determination of
the proceedings against such fugitive within that county, the clerk shall issue a
fee bill as in other cases, to be served on the persons named in the bond, or any of

GAMING.

2G3

them; which fee bill shall be served and returned by the sheriff, for which he shall
be allowed the same fees as are given him for serving notices. If the fees be not
paid, on or before the first day of the next circuit court to be holden in and for that
county, nor any cause then shown why they should not be paid, the clerk may issue
an execution lor the same, against those parlies on whom the fee bill has been served ;
and when the said fees are collected, shall pay over the same to the persons respec-
tively entitled thereto. The clerk shall be entitled to fifty cents for his trouble in
each case, besides the usual taxed fees which are allowed in other cases for like
services : Nothing herein contained shall prevent the clerk from instituting suits
on said bonds, in the ordinary mode of judicial proceedings, if he shall deem it
proper.

Sec. 8. If any person charged with, or convicted of treason, murder, rape,
robbery, burglary, arson, larceny, forgery or counterfeiting, shall break prison,
escape or flee from justice, or abscond and secrete himself, in such cases it shall be
lawful for the Governor, if he shall judge it necessary, to offer any reward not ex-
ceeding two hundred dollars, for apprehending and delivering such person into the
custody of such sheriff or other officer, as he may direct. The person or persons so
apprehending and delivering any such person as aforesaid, and producing to the Gov-
ernor, the sheriff's or justice's receipt for the body, it shall be lawful for the Govern-
or to certify the amount of such claim to the auditor, who shall issue his warrant on
the treasury for the same.

Approved : March 3, 1845.

CHAPTER XLVI.

' GAMING.

Section

1. Gaming contracts and loans void.

2. Money lost by gaming may be recovered back,

or sued for by another ; what actions may be
brought.

3. Judgments, conveyances, &c.} given in violation

hereof, void.

Section

4. Assignment of obligation, &c.5j not to dfefeat

remedy.

5. Discovery maybe enforced by bill; defendant

discovering and restoring money, discharged.

Sectiox 1. All promises, notes, bills, bonds, covenants, contracts, agreements,
judgments, mortgages or other securities or conveyances, made, given, granted,
drawn or entered into, or executed by any person or persons whatsoever, where
the whole, or any part of the consideration thereof, shall be for any money, prop-
erty or other valuable thing, won by any gaming, or playing at cards, dice, or any-
other game or games, or by betting on the side or hands of any person gaming, or
for the reimbursing or paying any money or property, knowingly lentjar advanced,
at the time and place of such play, to any person or persons so gaming or betting,
or that shall, during such play, so play or bet, shall be void and of no effect.

Sec. 2. Any person who shall, at any time or sitting, by playing at cards, dice
or any other game or games, or by betting on the side or hands of such as do game,

/

284 GAMING,

lose to any one or more persons, so playing or betting, any sum or sums of money 5
or other valuable thing, amounting in the whole to the sum of ten dollars, and shall
pay or deliver the same or any part thereof, the person or persons 'so losing and
paying or delivering the same, shall be at liberty to sue for and recover the
money, goods or other valuable thing, so lost and paid or delivered, or any part
thereof, or the full value of the same, by action of debt, detinue, assumpsit or tro-
ver, from the respective winner or winners thereof, with costs, in any court of
competent jurisdiction : in which action it shall be sufficient for the plaintiff to de-
clare generally, as in actions of debt or assumpsit, for money had and received by
the defendant to the plaintiff's use: or as in actions of detinue or trover upon a
supposed finding, and the detaining or converting the property of the plaintiff to
the use of the defendant, whereby an action hath accrued to the plaintiff, according
to the form of this chapter, without setting forth the special matter. In case the
person or persons who shall lose such money or other thing, as aforesaid, shall not
within six months, really and bona fide, and without covin or collusion, sue, and
with effect prosecute, for such money or other thing, by him lost and paid or deliv-
ered, as aforesaid, it shall be lawful for any other person to sue for, and recover
treble the value of the money, goods, chattels and other things, with costs of suit,
by special action on the case, against such winner or winners aforesaid ; one-half
to the use of the county, and the other to the person suing.

Sec. 3. All judgments, mortgages, assurances, bonds, notes, bills, specialities,
promises, covenants, agreements, and other acts, deeds, securities or conveyances,
given, granted, drawn or executed, contrary to the provisions of this chapter, may
be set aside and vacated by any court of equity, upon bill filed for that purpose, by
the person so granting, giving, entering into, or executing the same, or by his ex-
ecutors or administrators ; or by any creditor, heir, devisee, purchaser or other per-
son interested therein ; or if a judgment, the same may be set aside on motion of
any person aforesaid, on due notice thereof given.

Sec 4. No assignment of any bill, note, bond, covenant, agreement, judg-
ment, mortgage, or other security or conveyance as aforesaid, shall, in any manner,
;iffect the defence of the person giving, granting, drawing, entering into or exe-
cuting the same, or the remedies of any person interested therein.

Sec 5. In all actions or other proceedings commenced or prosecuted under
the provisions of this chapter, the party shall be entitled to discovery as in other
actions, and all persons shall be obliged and compelled to answer, upon oath, such
bill or bills as shall he preferred against them for discovering the sum or sums of
money, qr other thing so won as aforesaid. Upon the discovery and repayment of
Ihe money or other thing, so to be discovered and repaid, the person or persons
who shall discover and repay the same, as aforesaid, shall be acquitted, indemnified
and discharged from any other or further punishment, forfeiture or penalty, which
"he or they might have incurred, by the playing for, or winning such money or other
1hing. so discovered or repaid as aforesaid.

Approved : March 3, 1845.

CHAPTER XLVII.

GUAKDIAN AND WARD,

Section

1 . Orphan minors over fourteen years of age, may

choose guardians ; for those under that age,
probate court shall choose.

2. Minor over fourteen may be notified to appear

and choose guardian ; if he do not, court of
probate may appoint for him.

3. When orphan has estate not derived from fa-

ther, who may be guardian, and how appointed.

4. Guardians may prosecute and defend for their

wards.

5. Probate court shall take bond from guardian ;

its condition ; suit and recovery thereon.

6. Court may compel person to account, and to

give new security; may remove them for neg-
lect.

7. Further power to remove; to appoint; how re-

moved guardian or representatives of de-
ceased person, may be compelled to deliver
papers, &c, to successor.

8. Guardians, may collect money of ward; may

loan money and lease real estate of ward; mi-
nority of female to cease at the age of eighteen
years.

9. Guardian, to educate and support ward ; may

pay out ward's money therefor ; what fund to
be first used.

Section

10. When personal estate fails, real estate may he

sold ; proceedings in such cases ; where ap-
plication to be made if ward be resident; where,
if non-resident.

1 1 . Guardian to account for moneys on oath ; mon-

eys, how disposed of.

12. Appeals to circuit court, allowed.

13. Minors may sue by next friend, who shall give

bond for costs.

14. Education of ward, when guardian removed for

neglecting.

15. Concerning the loaning of ward's money; bond

may include several minors.
1G. Compensation of guardian.

17. Father may, by will, dispose of custody of liv-

ing or posthumous cliild ; also, the mother, if
sole.

18. Rights and duties of person receiving such cus-

tody.

19. Rights and duties of such person respecting es-

tate of minor.

20. General supervision of probate court over guar-

dians.

Section 1. Courts of probate in their respective counties, shall admit orphan
minors, above the age of fourteen years, the father being dead, to make choice of
guardians, and appoint guardians for such as are under the age of fourteen years.

Sec. 2. Whenever it shall be represented to said court, that any orphan minor,
above the age of fourteen years, has not a guardian, it shall be the duty of said court
to issue a notification to such minor, to appear before the said court, at a time
therein specified, and choose a guardian ; and if such minor shall neglect or refuse
to appear, or, on appearing, shall neglect to choose a guardian, the said court shall
appoint one for such minor, as if said minor were under the age of fourteen years.

Sec 3. When a minor, having a father living, shall be entitled to, or posses-
sed of any estate, real or personal, not derived from his or her father, the said
court of probate shall notify the father to appear and show cause why a guardian
for such minor should not be appointed ; and if sufficient reason be not shown,
may appoint the father, if he be a proper person, if not, then such other person as
the minor, if of the age of fourteen years, may choose ; if such minor shall refuse
or neglect, or be not of sufficient age to choose a guardian, the court shall appoint
some fit person to be guardian for such minor. And when any person is appointed
guardian, other than the father, he shall have the charge and management of the
estate, but no control over the person of the minor.

Sec 4. Guardians, by virtue of their office as such, shall be allowed in all
cases, to prosecute and defend for their wards.

Sec 5. The court of probate shall take of each guardian appointed under
this chapter, bond with good security, in a sum double the amount of the minor's

26G GUARDIAN AND WARD.

estate, real and personal, conditioned as follows : " The condition of this obligation
is such, that if the above bounden A. B., who has been appointed guardian for C.
D., shall faithfully discharge the office and trust of such guardian according to
law, and shall render a fair and just account of his said guardianship, to the court
of probate for the county of , from time to time, as he shall be thereto re-

quired by said court, and comply with all the orders of said court lawfully made,
relative to the goods, chattels and moneys of such minor, and render and pay to
such minor, all moneys, goods and chattels, title papers and effects, which may
come to the hands or possession of such guardian, belonging to such minor, when
such minor shall be thereto entitled, or to any subsequent guardian, [should such
court so direct, then this obligation shall be void ; otherwise to remain in full force
and virtue :" which bond shall be taken to the people of the State of Illinois, for
the use of such minor, and shall not become void upon the first recovery, but may
be put in suit from time to time, against all or any one or more of the obligors, in the
name, and to the use and benefit of any person entitled, by a breach thereof, until
the whole penalty shall be recovered thereon.

Sec. 6. Courts of probate shall have power, in their respective counties, with
or without previous complaint, by an order duly made and served, to oblige all
guardians of minors, from time to time, to render their respective accounts upon
oath, touching their guardianship, to said courts for adjustment, and shall have
power to compel such guardians to give supplementary security whenever it shall
judge proper, and, in default thereof, to remove such guardians.

Sec 7. The court of probate, in all cases, shall have power to remove guar-
dians for good and sufficient reasons, which shall be entered on record, and to
appoint others in their place, or in the place of those who may die, who shall give
bond and security for the faithful discharge of their duties as heretofore prescribed
in this chapter ; and when any guardian shall be removed or die, and a successor
be appointed, the court shall have power to compel such guardian, so removed, or
the executors or administrators of a deceased guardian, to deliver up to such suc-
cessor, all goods, chatties, moneys, title papers or other effects, belonging to such
minor, which may be in the possession of such guardian, so removed, or of the
executors or administrators of a deceased guardian, or on any other person or
persons who may have the same, and upon failure, to commit the party offending
to prison, until he, she or they comply with the order of the court.

Sec 8. Guardians shall have power to demand, sue for and receive, all moneys
belonging: to their wards, from executors and administrators, as soon as the same
may be collected; or of any other person or persons in whose hands or possession
the same may be : and it shall moreover be their duty to put to interest the moneys
of their wards upon mortgage security, to be approved by the court ; which letting
shall always be for one year, and at the end of each year, the interest shall be
added to, and made part of the principal : and said guardians shall also have
power to. lease the real estate of the ward, upon such terms and for such length of
time as the court of probate shall direct : Provided, Such leasing shall never be for
a longer time than during the minority of the ward ; and the minority of females
shall cease at the age of eighteen years.

Sec 9. The guardian shall have power, under the direction of the court of
probate, to superintend the education and nurture of the ward; and for that purpose,
may pay out such portions of the ward's money as the court of probate shall from
time to time, by order, direct : Provided, That the rents and profits arising from his

GUARDIAN AND WARD. 267

estate, and next, the interest on the ward's money, shall always be first resorted to,
for the education and nurture of the ward.

Sec. 10. The circuit court may, for just and reasonable cause, being satisfied
that the guardian has faithfully applied all the personal estate, order the sale of the
real estate of tbe ward, on the application of the guardian, by petition in writing,
stating the facts, and having given notice to all persons concerned, of such intended
application, in some public newspaper printed in this State, or by setting up written
notices in three of the most public places in the county, at least three weeks before
the sitting of the court. Such order may enable the guardians to sell and convey
the real estate for the support and education of the ward, or to invest the proceeds
in other real estate. The court, in such order, shall direct the time and place of
sale, the notice thereof to be given, and may direct the sale to be made on reasona-
ble credit, and require such security of the guardian and purchaser, as the interest
of the ward may require. It shall be the duty of the guardian making such sale,
as soon as may be, to make return of such proceedings to the court granting the
order, which, if approved by the court, shall be recorded, and shall vest in the pur-
chaser or purchasers, all the interest the ward had in the estate so sold : applica-
tion for the sale of such real estate shall be made in the county where the ward
shall reside, although the estate may lie in a different county : but if the ward do
not reside in this State, such application shall be made to the court of the county
where the whole or a part of the estate shall be situated.

Sec. 11. An account of all moneys received 'by any guardian for the sale of
real estate of any minor, as aforesaid, shall be returned on oath by such guardian,
to the court of probate of the county where letters of guardianship were obtained ;
and such moneys shall be accounted for, and shall be subject to the order of the
court of probate, in like manner as other moneys belonging to such minor.

Sec 12. Appeals shall be allowed in all cases, from the order or judgment of
the court of probate to the circuit court, the same in manner as is provided by law
relative to wills and testaments, executors and administrators, and the settlement of
intestates' estates.

Sec 13. Minors may bring suits in all cases ' whatever, by any person that
they may select as their next friend ; and the person so selected shall file bond
with the clerk of the circuit court, or justice of the peace before whom the suit
may be brought, acknowledging himself bound for all the costs that may accure and
legally devolve upon such minor. And after bond shall have been so filed, said
suit shall progress to final judgment and execution, as in other cases.

Sec 14. Guardians shall educate their wards; and it is hereby made the duty of
all civil county officers, to give information to the court of probate, neglect or
omission of any guardian to his or her ward: Provided, When there are not mo-
neys sufficient to teach the ward to read and write, and the ground rules of arithme-
tic, and the guardian refuses and neglects to have him so educated, the court shall have
power to put out to any other person the ward, for the purpose of having the same
so educated. The judge of probate shall, in all cases, when information is made of the
neglect of any guardian to educate his or her ward, and on the facts being estab-
lished, remove such guardian, and appoint a suitable person to act as guardian and
superintend the education of such minor orphan.

Sec 15. Guardians shall have power to loan out the moneys of their wards at
interest, in sums not exceeding one hundred dollars, on personal security, to be ap-
proved by the judge of probate : Provided, It shall not be let for a longer time

26S GUARDIAN AND WARD.

than twelve months without a renewal, and an approval of the security by the court ,
and if neglected longer, it shall be at the responsibility of the guardian. In all
cases of any person being appointed guardian for more than one ward at one time,
the judge of probate shall include all in one bond.

Sec 16. Guardians, on final settlement, shall be allowed such fees and compensa-
tion for their services as shall seem reasonable and just to the judge of probate, not
exceeding what are, or shall be allowed by law, to administrators.

Sec 17. Every father of sound mind and memory, of a child likely to be born,
or of any living child, under the age of twenty-one years and unmarried, may, by
his deed or last will duly executed, dispose of the custody and tuition of such child
during its minority, or for any less time, to any person or persons in possession or
remainder ; and every mother of sound mind and memoiy, being sole, may, in like
manner, dispose of the custody and tuition of a child living, if a father has made no
such disposition, or in any other manner restrained the right of the mother.

Sec 18. Every such disposition, from the time it shall take effect, shall invest in
the person or persons to whom it shall be made, all the rights and powers, and sub-
ject him or them to all the duties and obligation's of a guardian of such minor,
and shall be vaild and effectual against every other person claiming the custody or
tuition of such minor : Provided, That the rights, powers, duties and obligations of
such person or persons may be restrained and regulated by the person making such
deed or last will as aforesaid.

Sec 19. Any person to whom the custody of any minor is so disposed of, may
take the custody and tuition of such minor, and may maintain all proper actions
for the wrongful taking or detention of the minor ; he shall also take the custody
and management of the real and personal estate of such minor, unless restrained
by the deed or will as aforesaid, during the time for which such disposition shall
have been made, and bring such actions in relation thereto, as a guardian appointed
under the provisions of the laws of the State.

Sec. 20. Guardians appointed under the provisions of this chapter, shall be sub-
ject to removal upon complaint of any person in behalf of the minor, to the circuit
court of the county in which such guardian may reside, and proof made of mal-
conduct or misbehavior in the performance of his duties, or of a failure to perform
his duties, and upon the removal of a guardian, the said court is hereby vested with
the power to appoint another guardian, and to make all such orders as may be ne-
cessary to compel the guardian removed to deliver over to the successor the custody
of the minor, and to account for the estate, and pay over all moneys belonging to
the ward, and to compel such successor to execute a bond with good security, in
such penalty, and with such conditions as the court may deem necessary for the se-
curity of the rights of the minor, and the said court shall also have power, upon
application of any person in behalf of the minor, to require all guardians appointed
under the provisions of this chapter, by the father or mother, or by the court, to give
bond and security in such penalty, and with such conditions as the court may deem
necessary for the security and protection of the minors, and of his or her estate.

Approved: March 3, 1845.

CHAPTER XLVIII.

HABEAS CORPUS

Section

1. In what cases writ of habeas cm-pits may be gran-

ted ; by whom granted ; mode of making ap-
plication ; writ, how to be directed, served,
obeyed and returned.

2. When person not charged with crime is detained,

what proceedings had.

3. On return of writ, allegations shall be heard;

statement of grounds on which prisoner may
be discharged.

4. When bail is taken, bond to be given for appear-

ance ; witnesses to be recognized to appear

on trial; penalty if witness refuse to give

bond; penalty if judge refuse to bind witness

or prisoner,
fi. Remanding of prisoner shall be by order of

court ; proceedings in case of second writ of

habeas corpus.
G. Power of judge under second writ, toadmitpris-

oner to bail, if offence is bailable, or if not

bailable, to commit to prison.

7. Person once discharged, not to be again com-

mitted, unless again indicted, &.c,; when he
may be again arrested.

8. Cases in which the writ of habeas corpus may

not be granted.

9. When prisoner may be discharged from custody

Section

for want of prosecution ; continuance of cause
when witnesses can not be had.

10. Writ shall not be granted so as to delay trial in

certain cases.

11. Provisions as to removal of prisoner from one

place or one jail to another; penalty for im.
proper removal.

12. Penalty if judge fail or delay to issue writ.

13. Oilicer refusing to execute and return writ, pun-
ished as for a contempt.

Officer having prisoner in custody, removing or

concealing him to evade sendee of writ, how

punished.
Officer having prisoner in custody, refusing to

give him copy of warrant of commitment, how

punished.
Penalty for re-arresting prisoner for same cause,

after one discharge.
Pecuniary penalties herein imposed, to go to

person for whose release writ issued.

18. General issue may be pleaded.

19. Recovery of penalties not to bar civil action for

damages.

20. Who may issue writ; for what purposes ; writ

may run into any county ; return of prisoner
to proper custody; compensation of officers.

14.

15.

16.

17.

Section 1. If any person shall be committed or detained for any criminal or
supposed criminal matter, it shall and may be lawful for him to apply to the supreme
or circuit courts in term time, or any judge thereof in vacation, for a writ of habeas
corpus, which application shall be in writing, and signed by the prisoner, or some
person on his or her behalf, setting forth the facts concerning his imprisonment, and
in whose custody he is detained ; and shall be accompanied by a copy of the warrant
or warrants of commitment, or an affidavit that the said copy had been demanded of
the person in whose custody the prisoner is detained, and by him refused or neg-
lected to be given ; the said court or judge to whom the said application shall be
made, shall, forthwith award the said writ of habeas corpus, unless it shall appear
from the petition itself, or from the documents annexed, that the party can neither
be discharged nor admitted to bail, nor in any ether maimer relieved. Which said
writ, if issued by the court, shall be under the seal of the court ; if by a judge,
under the hand of a judge; and shall be directed to the person in whose custody
the prisoner is detained, and made returnable forthwith; to the intent that no officer,
sheriff, jailer, keeper or other person, to whom such writ shall be directed, may
pretend ignorance thereof, every such writ shall be indorsed with these wordsr
"by the habeas corpus act ;" and whenever the said wrrit shall by any person be
served upon the sheriff, jailer, keeper or other person whatsoever, to whom the
same shall be directed, or being brought to him, or being left with any of his under
officers or deputies at the jail, or place where the prisoner is detained, he, or some

270 HABEAS CORPUS.

of his under officers or deputies shall, upon payment or tender of the charges of
bringing the said prisoner, to be ascertained by the court or judge awarding the
said writ, and indorsed thereon, not exceeding ten cents per mile ; and upon suffi-
cient security given to pay the charges of carrying him back, if he shall be remanded,
make return of such writ, and bring, or cause to be brought, the body of the pris-
oner before the court or judge who granted the said writ ; or in case of the adjourn-
ment of the said court, or absence of the judge, then before any other of the judges
aforesaid, and certify the true cause of his imprisonment within three days thereaf-
ter, unless the commitment of such person be in a place beyond the distance of
twenty miles from the place where the writ is returnable : if beyond the distance
of twenty miles, and not above one hundred miles, then within ten days; and if
beyond the distance of one hundred miles, then within twenty days after the de-
livery of the writ as aforesaid, and not longer.

Sec. 2. Where any person not being committed or detained for any criminal, or
supposed criminal matter, shall be confined or restrained of his or her liberty,
under any color or pretence whatever, he or she may apply for a writ of habeas
corpus, as aforesaid : which application shall be in writing, signed by the party, or
some person on his or her behalf, setting forth the facts concerning his or her im-
prisonment, and wherein the illegality of such imprisonment consists, and in whose
custody he or she is detained ; which application or petition, shall be verified by the
oath or affirmation of the party applying, or some other person on his or her behalf;
if the confinement or restraint is by virtue of any judicial writ or process, or order,
a copy thereof shall be annexed thereto, or an affidavit made that the same had been
demanded and refused ; the same proceedings shall thereupon be had in all respects,
as are directed in the preceding section.

Sec. 3. Upon the return of the writ of habeas corpus, a day shall be set for the
hearing of the cause of imprisonment or detainer, not exceeding five days thereaf-
ter, unless the prisoner shall request a longer time. The said prisoner may deny
any of the material facts set forth in the return, or may allege any fact to show,
either that the imprisonment or detention is unlawful, or that he is then entitled to
his discharge ; which allegations or denials shall be made on oath. The said return
may be amended, by leave of the court or judge, before or after the same is filed,
as also may all suggestions made against it, that thereby material facts may be
ascertained. The said court or judge shall proceed in a summary way to settle the
said facts, by hearing the testimony and arguments, as well of all parties interested
civilly, if any there be, as of the prisoner, and the person who holds him in custody,
and shall dispose of the prisoner as the case may require. If it appear that the
prisoner is in custody by virtue of process from any court, legally constituted, he
can be discharged only for some of the following causes : first, where the court has
exceeded the limits of its jurisdiction, either as to the matter, place, sum or person;
second, where, though the original imprisonment was lawful, yet by some act,
omission or event, which has subsequently taken place, the party has become enti-
tled to his discharge ; third, where the process is defective in some substantial form
required by law ; fourth, where the process, though in proper form, has been issued
in a case, or under circumstances, where the law does not allow process, or orders
for imprisonment or arrest to issue; fifth, where, although in proper form the pro-
cess has been issued or executed by a person either unauthorized to issue or execute
the same, or where the person having the custody of the prisoner under such pro-
cess is not the person empowered by law to detain him ; sixth, where the process
appears to have been obtained by false pretence or bribery ; seventh, where there is

HABEAS CORPUS. 271

no general law, nor any judgment, order or decree of a court, to authorize the pro-
cess, if in a civil suit, nor any conviction, if in a criminal proceeding. No court or
judge, on the return of a habeas corpus^ shall, in any other matter, inquire into the
legality or justice of a judgment or decree of a court legally constituted. In all
cases where the imprisonment is for a criminal, or supposed criminal matter, if it shall
appear to the said court or judge, that there is sufficient legal cause for the com-
mitment of the prisoner, although such commitment may have been informally
made, or without due authority, or the process may have been executed by a person
not duly authorized, the court or judge shall make a new commitment in proper form
and directed to the proper officer, or admit the party to bail, if the case be bailable.

Sec. 4. When any person shall be admitted to bail, on habeas corpus, he shall
enter into recognizance with one or more securities, in such sum as the court or
judge shall direct, having regard to the circumstances of the prisoner and the nature
of the offence, conditioned for his or her appearance at the next circuit court, to be
holden in and for the county where the offence was committed, or where the same
is to be tried : where any court or judge shall admit to bail, or remand any prisoner
brought before him or them, on any writ of habeas corpus, it shall be the duty of
the said court or judge, to bind all such persons as do declare any thing material to
prove the offence with which the prisoner is charged, by recognizance, to appear at
the proper court having cognizance of the offence, on the first day of the next term
thereof, to give evidence touching the said offence, and not to depart the said court
without leave ; which recognizance, so taken, together with the recognizance entered
into by the prisoner when he is admitted to bail, shall be certified and returned to
the proper court on the first day of the next succeeding term thereof. If any such
witness shall neglect or refuse to enter into a recognizance as aforesaid, when
thereunto required, it shall be lawful for the court or judge to commit him to jail
until he shall enter into such recognizance, or be otherwise discharged by due
course of law: if any judge shall neglect or refuse to bind any such witness or
prisoner, by recognizance as aforesaid, or to return any such recognizance, when
taken as aforesaid, he shall be deemed guilty of a misdemeanor in office, and be pro-
ceeded against accordingly.

Sec 5. Where any prisoner, brought up on a habeas corpus, shall be remanded
to prison, it shall be the duty of the court or judge remanding him, to make out and
deliver to the sheriff, or other person, to whose custody he shall be remanded, an
order in writing, stating the cause or causes of remanding him. If such prisoner
shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or
other person to whom the same shall be directed, to return therewith the order
aforesaid ; and if it shall appear that the said prisoner was remanded for an offence
adjudged not bailable, it shall be taken and received as conclusive, and the prisoner
shall be remanded without further proceedings.

Sec. 6. It shall not be lawful for any court or judge, on a second writ of ha-
beas corpus, obtained by such prisoner, to discharge the said prisoner, if he is clear-
ly and specifically charged in the warrant of commitment with a criminal offence ;
but the said court or judge shall, on the return of such second writ, have power
only to admit such prisoner to bail, where the offence is bailable by law, or remand
him to prison where the offence is not bailable ; or being bailable, where such pris-
oner shall fail to give the bail required.

Sec 7. No person who has been discharged by order of a court or judge, on a
habeas corpus, shall be again imprisoned, restrained or kept in custody for the same
cause, unless he be afterwards indicted for the same offence, nor unless by the legal

212 HABEAS CORPUS.

order or process of the court wherein he is bound by recognizance to appear. The
following shall not be deemed to be the same cause : First, if after a discharge for
a defect of proof, or any material defect in the commitment in a criminal case, the
prisoner should be again arrested on sufficient proof, and committed by legal pro-
cess for the same offence : Second, If in a civil suit the party has been discharged
for any illegality in the judgment or process, and is afterwards imprisoned by
legal process for the same cause of action : Third, Generally, whenever the dis-
charge has been ordered on account of the non-observance of any of the forms re-
quired by law, the party may be a second time imprisoned, if the cause be legal
and the forms required by law, observed.

Sec 8. No person shall be discharged under the provisions of this chapter,
■who is in custody under a commitment, for any offence exclusively cognizable by
the courts of the United States, or by order, execution or process issuing out of
such courts, in cases where they have jurisdiction; or who is held by virtue of
any legal engagement or enlistment in the army ; or who being subject to the rules
and articles of war, is confined by any one legally acting under the authority there-
of; or who is held as prisoner of war under the authority of the United States ; or
who is in custody for any treason, felony or other high misdemeanor, committed in
any other State or territory of the United States, and who, by the constitution and
laws of the United States, ought to be delivered up to the executive power of such
State or territory ; nor shall any negro or mulatto, held as a slave within this State,
try his right to freedom, or be discharged from slavery under the provisions of this
chapter, but for that purpose shall be put to his suit for freedom.

Sec. 9. If any person shall be committed for a criminal, or supposed criminal
matter, and not admitted to bail, and shall not be tried on or before the second term
of the court having jurisdiction of the offence, the prisoner shall be set at liberty
by the court, unless the delay shall happen on the application of the prisoner. If
such court at the second term, shall be satisfied that due exertions have been made
to procure the evidence for, and on behalf of the people, and that there are reason-
able grounds to believe that such evidence may be procured at the third term, they
shall have power to continue such case till the third term. If any such prisoner
shall have been admitted to bail for a crime other than a capital offence, the court
may continue the trial of said cause to a third term, if it shall appear by oath or
affirmation that the witnesses for the people of the State are absent, such witnesses
being mentioned by name, and the court shown wherein their testimony is ma-
terial.

Sec. 10. To prevent any person from avoiding or delaying his trial, it shall
not be lawful to remove any prisoner on habeas corpus under this chapter, out of
the county in which he or she is confined, within fifteen days next preceding the
term of the court at which such person ought to be tried, except it be to convey
him or her into the county where the offence with which he or she stands charged,
is properly cognizable.

Sec. 11. Any person being committed to any prison, or in the custody of any
officer, sheriff, jailer, keeper or other person, or his under officer or deputy, for
any criminal, or supposed criminal matter, shall not be removed from the said prison
or custody into any other prison or custody, unless it be by habeas corpus, or some
other legal writ, or where the prisoner shall be delivered to the constable or other
inferior officer, to be carried to some common jail, or shall be removed from one
place to another, within the county, in order to his discharge or trial in due course

HABEAS CORPUS. 273

of law, or in case of sudden fire, infection or other necessity, or where the sheriff
shall commit such prisoner to the jail of an adjoining county, for the want of a
sufficient jail in his own county, as is provided in the chapter concerning jails and
jailers, or where the prisoner, in pursuance of a law of the United States, may be
claimed or demanded by the executive of any of the United States or territories.
If any person or persons shall, after such commitment as aforesaid, make out, sign
or countersign, any warrant or warrants for such removal, except as before excep-
ted, then he or they shall forfeit to the prisoner or party aggrieved, a sum not ex-
ceeding three hundred dollars, to be recovered by the prisoner or party aggrieved,
in the manner hereinafter mentioned.

Sec. 12. Any judge empowered by this chapter, to issue writs of habeas corpus,
who shall corruptly refuse to issue such writ, when legally applied to, in a case
where such writ may lawfully issue, or who shall, for the purposes of oppression,
unreasonably delay the issuing of such writ, shall, for every such offence, forfeit to
the prisoner or party aggrieved, a sum not exceeding five hundred dollars.

Sec 13. If any officer, sheriff, jailer, keeper or other person, to whom any such
writ shall be directed, shall neglect or refuse to make the returns as aforesaid, or to
bring the body of the prisoner according to the command of the said writ, within
the time required by this chapter, all, and every such officer, sheriff, jailer, keeper
or other person, shall be deemed guilty of a contempt of the court or judge who
issued said writ : whereupon, the said court or judge may, and shall issue an at-
tachment against such officer, sheriff, jailer, keeper or other person, and cause him
or them to be committed to the jail of the county, there to remain without bail or
mainprize, until he or they shall obey the said writ ; such officer, sheriff, jailer,
keeper or other person, shall also forfeit to the prisoner or party aggrieved, a sum,
not exceeding five hundred dollars, and shall be incapable of holding or executing
his said office.

Sec 14. Any one having a person in his custody, or under his restraint, power
or control, for whose relief a writ of habeas corpus is issued, who, with intent to
avoid the effect of such writ, shall transfer such person to the custody, or place him
or her under the control of another, or shall conceal him or her, or change the place
of his or her confinement, with intent to avoid the operation of such writ, or with
intent to remove him or her out of the State, shall forfeit for every such offence, one
thousand dollars, and may be imprisoned, not less than one year, nor more than five
years. In any prosecution for the penalty incurred under this section, it shall not
be necessary to show that the writ of habeas corpus had issued at the time of the
removal, transfer or concealment therein mentioned, if it be proven that the acts
therein forbidden were clone with the intent to avoid the operation of such writ.

Sec 15. Any sheriff or his deputy, any jailer or coroner, having custody of any
prisoner, committed on any civil or criminal process of any court or magistrate,
who shall neglect to give such prisoner a copy of the process, order or commitment,
by virtue of which he is imprisoned, within six hours after demand made by said
prisoner, or any one on his behalf, shall forfeit five hundred dollars.

Sec 16. Any person who, knowing that another has been discharged by order
of a competent judge or tribunal, on a habeas corpus, shall, contrary to the provis-
ions of this chapter, arrest or detain him again for the same cause, which was shown
on the return of such writ, shall forfeit five hundred dollars for the first offence, and
one thousand dollars for every subsequent offence.

18

274

HORSES.

Sec. 17. All the pecuniary forfeitures incurred under this chapter, shall enure
to the use of the party for whose benefit the writ of habeas corpus issued, and shall
be sued for and recovered, with costs by the attorney general or circuit attorney, in
the name of the State, by information ; and the amount, when recovered, shall, with-
out any deduction, be paid to the party entitled thereto.

Sec 18. In any action or suit for any offence against the provisions of this
chapter, the defendant or defendants may plead the general issue, and give the
special matter in evidence.

Sec. 19. The recovery of the said penalties shall be no bar to a civil suit for
damages.

Sec 20. The supreme and circuit courts within this State, or the judges there-
of, in vacation, shall have power to issue writs of habeas corpus, for the purpose of
bringing the body of any person confined in any jail within the same, before them,
to testify or be surrendered in discharge of bail. When a writ of habeas corpus
shall be issued for the purpose of bringing into court any person to testify, or the
principal to be surrendered in discharge of bail, and such principal or witness shall
be confined in any jail in this State, out of the county in which such principal or
witness is required to be surrendered or to testify, the writ may run into any county
in this State, and there be executed and returned by any officer to whom it shall be
directed ; and the principal, after being surrendered, or his bail discharged, or a
person testifying as aforesaid, shall, by the officer executing such writ, be returned
to the jail from whence he was taken by virtue of an order of the court, for the pur-
poses aforesaid ; an attested copy of which, lodged with the jailer, shall exonerate
such jailer from being liable for an escape. The party praying out such writ of
habeas corpus, shall pay to the officer executing the same, such reasonable sum for
his services, as shall be adjudged by the courts respectively.

Approved : March 3, 1845.

CHAPTER XLIX.
HORSES.

Section

1 . Horses under one year old found running at

large, to be taken up ; how disposed of.

2. Horses over that age found running at large, how

disposed of.

3. If owner do not take away horse, how dispos-

ed of.

Section

4. Diseased horse, &c, running at large, how dis-

posed of; owner, how punished.

5. Offences against public decency, &c, how pun-

ishable.

6. Penalties, how recovered.

Section 1. It shall be lawful for any person to take up any stoned horse that
may be found running at large out of the inelosure of the owner or keeper, more
than one year old, and shall give notice thereof to the owner or keeper ; and if such
owner or keeper shall not take away or secure the same, allowing him one day
for every fifteen miles he may reside from such taker up, the taker up shall take or

HORSES. 275

show the same to a justice of the peace within the county, and if it shall appear to
such justice, that said horse is more than one year old, he shall issue his warrant to
some person skilled in the business, to geld such stoned horse ; or the same may
be shown by the taker up, to any horse farrier, or other person of the county, well
skilled in the age of horses ; and if, upon view and examination, the horse shall be
considered of the age of one year old, the person so examining, if he be skilled in
the business, may geld and alter the same; if not, he shall give a certificate rela-
tive to the age thereof, and the taker up may then take said horse to some person
skilled as aforesaid, and have the same gelded, and in performing the operation, rea-
sonable care shall be taken to preserve the life of the animal ; but should the owner
not be known to the taker up, he shall advertise the same in three of the most pub-
lic places in the county for ten days, giving a true description thereof; and if no
owner or person on his behalf, shall, by that time appear and take charge of said
horse, such taker up may proceed as above directed, and have the same gelded ; and
the owner shall pay to the taker up the sum of two dollars, together with reason-
able charges for advertising and keeping the same, if the same be advertised, and
the person altering shall be paid by the person applying to have the same done.

Sec. 2. It shall not be lawful for any person to alter any horse that is known
to be kept for covering mares, which may accidentally break out of, or from the
possession of the owner or keeper, and be found running at large ; in that case the
same shall be taken to the owner or keeper, without unnecessary delay, and the
owner or keeper shall thereupon pay such person, so taking up and delivering the
said horse, the sum of two dollars ; and should the trouble and expense of taking
up, keeping and delivering, be extraordinary and great, a further and liberal sum
shall be paid by the owner or keeper of such horse to the person so taking up and
delivering ; but if the owner or keeper of any stoned horse, whether he be kept for
covering mares or not, shall negligently or wilfully suffer the same to run at large,
out of his inclosure, any person may take such horse up, and forthwith have the
same gelded by some person skilled in the business, which shall be done carefully,
and the owner or keeper shall pay to such taker up, the sum of five dollars ; the
taker up paying the fee or charge for gelding; and the owner or keeper shall,
moreover, be liable for and pay all damages which any person may sustain, in con-
sequence of such horse running at large; and if any horse shall die, or be injured,
in consequence of such gelding, the same being carefully done by a person skilled
in the business, as above contemplated, the owner or keeper thereof shall have no
recourse whatever for damages upon such taker up, or person who shall have gel-
ded the same.

Sec. 3. If the owner or keeper of any horse, or other person in his behalf,
shall not appear and take charge of the same, after being altered as aforesaid, the
taker up shall take care of, feed and nourish the same, until said horse shall have
recovered, and shall then turn the same out, and the owner shall pay to such per-
son a reasonable sum in money therefor.

Sec 4. If any person shall suffer to run at large, or keep in any place where
other creatures can have access to, and become infected, any horse, mare, gelding,
mule or ass, that, is known to the owner or the person having the same in his care
and possession, to be afflicted with glanders, distempers or any other infectious dis-
ease, he shall be fined in the sum of twenty dollars, and shall be liable to pay all
the damage that may result from such running at large, of such afflicted horse, mare,

276 IDIOTS AND LUNATICS.

gelding, mule or ass, to be recovered before any justice of the peace in the county,
if the sum of damages be under one hundred dollars, otherwise in the circuit court.

Sec. 5. Any person letting any stallion to any mare, within any town or vil-
lage in this State, the same not being incorporated, or immediately in the vicinity
thereof, that may expose such conduct to public view, shall be liable to pay a fine
not exceeding five dollars, at the discretion of any justice of the peace, to whom
complaint shall be made, with costs of prosecution.

Sec. 6. All sums or penalties incurred under the provisions of this chapter,
provided the same do not exeeed one hundred dollars, shall be recovered before any
justice of the peace ; if above that, in the circuit court ; and appeals shall be allowed
as in other cases, to said court.

Approved : March 3, 1845.

CHAPTER L.

IDIOTS AND LUNATICS.

Section : Section

1. If jury summoned to inquire, find person to be

idiot, &c, court may appoint guardian.

2. Person appointed to give bond.

3. His powers and duties ; may be removed for

cause.

4. Shall collect and payout money; may sell es-

tate to pay debts and support idiot and family.

5. Guardian may sue and be sued; property may

Powers and duties of overseers of the poor and
county commissioners, as to support of in-
sane poor. •

7. Disposition of property in case of recovery of

reason, or death.

8. Contracts, &c, of lunatics, void as to lunatics,

but good as to other party.

9. Persons talcing advantage of lunatics, &c,

be sold on execution as in ordinary cases. deemed swindlers and punished.

Section 1. Whenever any idiot, lunatic or distracted person has any estate,
real or personal, the judge of the circuit court of the county in which such idiot,
lunatic or distracted person lives, shall, on the application of any creditor or rela-
tion, or if there be neither creditor nor relation, then any person living in such
county, order a jury to be summoned, to ascertain whether such person be lunatic,
insane or distracted ; and if the said jury return, in their verdict, that such person
is lunatic, insane or distracted, it shall be the duty of the judge aforesaid, to appoint
some fit person to be the conservator of such idiot, lunatic or distracted person.

Sec 2. The conservator of such estate, so appointed, shall enter into bond
with sufficient security, to be approved by the said judge, to the treasurer of the
county in which such idiot, lunatic or distracted person resides, in double the
amount of such estate, for the faithful discharge of his duty.

Sec 3. Such conservator shall have the entire care of the estate of such idiot,
lunatic or distracted person, both real and personal ; and such conservator shall
forthwith make a true and perfect inventory of said estate, and return the same
into the office of the clerk of the circuit court of said county, where it shall be
kept on file ; and shall render his account to the judge of said court, of the man-
agement of such trust, when thereto required ; and shall be allowed by such judge
reasonable compensation for his services. And said court shall have power to

INCLOSURES AND FENCES.

277

remove such conservator for neglect of duty or mismanagement of his trust, and
appoint another in his place.

Sec. 4. It shall be the duty of such conservator, to apply the annual income
and the profits thereof, to the support of such idiot, lunatic or distracted person,
his or her family. He shall have power to collect all debts due to such person,
and to institute suits for that purpose, and to adjust and settle all accounts and debts
due from him or her : he may sell or dispose of the personal estate to pay his or
her debts, or to support him or her, or his or her family, and to educate the chil-
dren of the same.

Sec. 5. The said conservator may sue and be sued, in every instance, as the
representative of the person so insane, lunatic or distracted, and execution may issue
in the name of, and against the said conservator, as representative as aforesaid ;
and all the property of such person may be sold to pay his or her just debts, that
might or could be sold in other cases.

Sec 6. The overseers of the poor in every county, shall take charge of the
body of any person so insane, lunatic or distracted, and shall have power to confine
him or her, and shall comfortably support such person, and make out an account
thereof, and return the same to the county commissioners' court, whose duty it
shall be to make an order, requiring the treasurer of said county to pay the same
out of any money in the treasury of said county not otherwise appropriated.

Sec. 7. If such person, as aforesaid, shall be restored to his or her reason,
then what remains of his or her property and estate, shall be returned to him or
her 5 or in case of his or her death, to his or her heirs, executors or administrators,
after a reasonable allowance to said conservator for his services, to be ascertained
by the judge of said court.

Sec 8. All contracts, agreements or credits with idiots, lunatics or distracted
persons, either by note, bond, bill or otherwise, shall be void, as against said idiot,
lunatic or distracted person; but persons making such contracts or agreements, with
such idiot, lunatic or distracted person, shall be bound thereby.

Sec 9. If any person or persons shall, by trading with, bartering, gaming or
any other device, possess himself or herself, or themselves, of any property or val-
uable thing, belonging to any idiot, lunatic or notoriously distracted person, he, she
or they shall be deemed guilty of swindling, and upon conviction thereof, shall be
liable to all the penalties as in other cases of swindling, and any person may ap-
pear and prosecute with effect.

Approved : March 3, 1845.

CHAPTER LI.

INCLOSUEES A-NJ) FENCES.

Section

1. Common fields, owners of, may make rules and

regulations.

2. May elect officers ; their duties, &c.

3. Field committee may be chosen ; their duties.

4. Proprietors may tax themselves.

Section

6. Authority of field committee.

6. Fencing, how regulated and kept up.

7. Lands adjoining common field, owners of, how

to proceed.

8. Accounts for services, how audited and paid.

278

INCLOSURES AND FENCES.

Section
9. Proprietors may fine either of themselves.

10. Common field shall be inclosed.

11. Fencing, regulations relative thereto, further de-

fined.

12. Fence viewers, their duty when fence insuffi-

cient.

13. Costs and charges for making or repairing fence,

how collected.

14. Inclosures, how may be made.

15. Damages for injury to inclosure, how recovered.

Section

16. Condition of fence, when trespass committed,

how ascertained.

17. Penalty for injuring cattle, &c.

18. Animals trespassing, owners shall be notified.

19. Fence, when made on land of another, may be

removed.

20. When fence made by mistake, owner shall not

throw down.

21. Division of land, how made.

Section 1. Those who are or shall be proprietors or owners of land, in any
field that is now occupied, used and declared, or that shall hereafter be occupied,
used or declared to be a common field, may meet together, by themselves or agents,
annually, on the first Monday in March, or such other days as they shall appoint,
at some convenient place by them appointed, for the purpose of making such rules
and regulations as to them shall seem meet for the well ordering of the affairs of
such field, with respect to fencing and cultivation, and all other things necessary for
the well managing the same, for the common interest of such proprietors ; in which
meeting the proprietors of such field, shall have full power by their major vote, to
be computed by interest, to order all such affairs and make such regulations as they
shall deem proper and expedient for the purpose aforesaid : Provided, always, That
any person who is a proprietor in any common field, may, at any time hereafter,
separate his, her or their land, from such common field, by fencing the same,
subject only to making and keeping in repair fences in like manner as persons hav-
ing inclosures adjoining to the common fields, as by this law directed.

Sec 2. The better to enable them to carry on and manage the affairs of such
field, they are hereby authorized and empowered to elect a chairman, clerk and
treasurer, who shall be sworn to the faithful discharge of their duties, respectively ;
and the clerk shall enter and record all the acts, votes and resolutions of the said
proprietors, relating to the management of the said common fields; and shall con-
tinue in his office until another shall be chosen and qualified to serve in his room ;
and that the election of chairman, clerk and treasurer, shall be annually or other-
wise, as shall be determined by the said proprietors or a majority of them, in their
lawful meetings assembled.

Sec. 3. For the better management of their common fields, they shall choose a
committee of three persons, which shall be styled "the field committee," who shall
be sworn to a faithful discharge of their duties ; the said committee may call a meet-
ing of the proprietors of such field when they shall judge it needful, by giving
warning to such of them as live in the town or village, verbally, where such fields
lie, and to the agents, if any, of non-resident proprietors, ten days previous to the
time of such meeting, or by warning such proprietors in such other manner as they
shall, in their lawful meetings, agree upon.

Sec 4. The proprietors of common fields are hereby authorized and empow-
ered, at their lawful meetings, to grant and levy taxes on themselves, when they
shall judge it needful, according to their several interests in such fields, for defray-
ing the charges that may arise in setting out and designating the proportion of, or
altering the fence of such fields, in making gates and bridges, or for any other pub-
lic or common charge, relating to such fields; and to appoint assessors and collec-
tors for the making, apportioning and collecting such taxes ; which collectors shall
have the same power and authority, in every respect, as the collectors of county

INCLOSURES AND FENCES. 279

taxes ; which taxes, when collected, shall be paid into the hands of the treasurer,
and shall be appropriated by a majority of the proprietors for the common benefit.

Sec. 5. The field committee shall point out and designate the place where, and
the proportion which each proprietor shall erect of such common fence, and every
proprietor in such common field shall duly erect and maintain his, her or their pro-
portion in such common fence, according to the directions of such committee : Pro-
vided, Such committee shall attend all orders and comply with all regulations of the
major part of the proprietors of such common field, for the improvement thereof
for the common benefit, under the penalties of such fines and forfeitures as shall be
lawfully annexed to the breach or neglect of such orders or regulations.

Sec 6. Any person or persons having his, her or their part or proportion of
common fence designated by the said field committee, shall have liberty, in order
to make or repair the same, of passing over any person's lot or land whatsoever
whenever it shall be necessary for the purpose aforesaid ; and Avhen it shall so
happen that Ihe line of fence ordered as aforesaid, for the inclosing or securing any
common field, shall run in upon or intersect the fence of any person making a par-
ticular inclosure adjoining the common field, the one-half of the division fence be-
tween such particular inclosure and the common field as aforesaid, shall be made
and maintained by the proprietors of such common field, and the other half by the
owner of such particular inclosure ; and if any person or persons, whose land shall
adjoin any such common field, shall neglect to keep in repair, and maintain his, her
or their part of such fence, after being requested thereto by the field committee, in
writing under their hands for the space of ten days, it shall be lawful for the said
committee to repair the said fence at the proper charges of the delinquent ; which
expense, after being estimated by two reputable freeholders of the town or village
wherein such fields are situated, may be recovered by action of debt, before any
court having competent jurisdiction, together with costs.

Sec. 7. If any person or persons, whose lands shall adjoin such common field,
shall lay open the same, without giving two months' notice thereof in writing, lodg-
ed with the clerk of such common field, such person or persons shall be liable to
pay ail damages that may accrue to the proprietors, or to any of them, of such
common fields, to be recovered in any action of damages, before any court having
competent jurisdiction.

Sec 8. All accounts for any services rendered any person acting under the ap-
pointment of, or by the direction of the major part of the proprietors of common
fields, shall be paid out of the common treasury of such proprietors, after being
audited by the field committee, except the accounts of such field committee,
which last mentioned accounts shall be audited by a special committee ; and all or-
ders on the treasurer shall be signed by the chairman, and attested by the clerk ;
and the collectors shall, for all or any moneys by them paid to the treasurer,
demand duplicate receipts, one of which shall be held by the said collectors, and the
other lodged with the clerk ; the treasurer shall also demand duplicate receipts for
all moneys paid by him, on orders on the treasury, one of which receipts shall be
holden by the treasurer, and the other lodged with the clerk.

Sec 9. The proprietors of common fields shall have power, by their major
votes, in lawful meetings assembled, to order all such fines and forfeitures, on either,
or any of themselves, as to them shall seem reasonable, for carrying into effect any
of their rules and regulations, for the common benefit of the said proprietors : Pro-
vided, nevertheless, That the penalty does not exceed the sum of five dollars, and
that the person or persons thinking himself or themselves to be unreasonably or

280 INCLOSURES AND FENCES.

oppressively fined, shall have the right to appeal from the judgment of said pro-
prietors to the next circuit court holden for said county : Provided, That notice of
such appeal shall be given within ten days after the judgment be given by the said
proprietors.

Sec. 10. The said common field shall be inclosed with a good and sufficient
fence, according to law, on or before the first day of May in each and every year,
or such other day as the said proprietors may appoint ; and no cattle, horses or other
animals, shall be suffered to be put into such fields, for the purpose of depasturing
therein, between the first day of May and the fifteenth day of November, in each
and every year, or on such other day and time as the proprietors may agree upon,
under the penalty of paying such fines as shall be ordered by the said proprietors,
in lawful meeting assembled.

Sec. 11. For the better ascertaining and regulating of partition fences, it is
hereby directed, that when any neighbors shall improve lands adjacent to each
other, or when any person shall inclose any land adjoining to another's land already
fenced, so that any part of the first person's fence becomes the partition fence be-
tween them, in both these cases the charge of such division fence, (so far as in-
closed on both sides,) shall be equally borne and maintained by both parties; to
which, and other ends in this chapter mentioned, the county commissioners, yearly,
and every year in the term next after the month of January, shall nominate, and are
hereby required to nominate and appoint three honest, able men, for each township,
who being duly sworn to the faithful discharge of the duties of their appointment,
shall proceed, at the request of any person or persons feeling him or themselves
aggrieved, to view all such fence and fences, about which any difference may hap-
pen or arise ; and the aforesaid persons, or any two of them, in each township re-
spectively, shall be the sole judges of the charge to be borne by the delinquent, or
by both or either party, and of the sufficiency of all fences, whether partition fences
or others.

Sec 12. When they shall judge any fence to be insufficient, they shall give
notice thereof to the owners or possessors, and if any one of the owners or pos-
sessors, upon request of the other, and due notice given by the said viewers, shall
refuse or neglect to make or repair the said fence or fences, or to pay the moiety
of the charges of any fence before made, being the division or common fence, within
twenty days after notice given, then, upon proof thereof before two justices of the
peace of the respective county, it shall be lawful for the said justices to order the
person aggrieved and suffering thereby, to make or repair the said fence or fences,
who shall be reimbursed his costs and charges from the person so refusing or neg-
lecting to make or repair the partition fence or fences aforesaid, or to order the de-
linquent to pay the moiety of the charge of the fence before made, being a division
or common fence, as the case may be.

Sec. 13. If the delinquent shall neglect or refuse to pay the party injured the
moiety of the charge of any fence before made, or to reimburse the costs and charges
of making or repairing the said fence or fences, under the order aforesaid, then the
same shall be levied upon the delinquent's goods and chattels, under warrant from
a justice of the peace, by distress and sale thereof, the overplus, if any, to be re-
turned to the said delinquent.

Sec. 14. But nothing herein contained shall be intended to prevent or debar
any person or persons from inclosing his or their grounds, in any manner they please,
with sufficient walls or fences of timber, other than those heretofore mentioned, or

INCLOSURES AND FENCES. 281

by dikes, hedges and ditches, all such walls and fences to be in height at least five
feet from the ground ; and all dikes to be at least three feet in height from the bot-
tom of the ditch, and planted and set with thorn and other quickset, so that such
inclosures shall fully answer and secure the several purposes meant to be answer-
ed and secured by this law : Provided, That such walls or fences of timber, other
than those heretofore mentioned, and dikes, hedges and ditches, shall be subject to
all provisions, inspections and restrictions, to which by this chapter, any other in-
closure or fence is made liable, according to the true intent and meaning hereof.

Sec 15. If any horse, mare, gelding, colt, mule or ass, sheep, lamb, goat, kid,
bull, cow, heifer, steer or calf, or any hog, shoat or pig, shall break into any per-
son's inclosure, the fence being good and sufficient, the owner of such animal or
animals, shall be liable in an action of trespass, to make good all damages to the
owner or occupier of the inclosure, for the first offence single damages only, and
ever afterwards double the damages sustained.

Sec. 16. The condition of the fence at the time the trespass was committed,
may be proven upon trial, and on complaint made by the party injured before any
justice of the peace of the county wherein such trespass shall be made, such jus-
tice is hereby authorized and required to issue a summons without delay, to three
respectable householders of the neighborhood, noways related to either of the par-
ties, nor interested concerning the trespass, reciting the complaint and requiring
them to view the fence where the trespass is complained of, and their testimony in
such case, shall be good evidence touching the sufficiency of the fence.

Sec. 17. If any person injured for want of such sufficient fence, shall hurt, wound,
kill, lame or destroy, or shall cause to be hurt, wounded, killed, lamed or destroy-
ed, by shooting, hunting with dogs or otherwise, any of the aforesaid animals, he
or she so offending, shall satisfy or pay the owner of the same, the damages with
costs, recoverable as aforesaid : Provided, That if the party liable to damages as
aforesaid, in either case, will abide and pay what may be deemed reasonable by
three neighbors, indifferently chosen to assess the same, it shall be a bar against
such suit.

Sec 18. All animals trespassing, the owners of the same (if known) shall be
notified thereof, and if they shall refuse to secure the said animals and prevent
their trespassing, the persons on whom the trespass was committed, shall be au-
thorized to secure the same, supplying the aforesaid animals with provender and
water, for which they shall receive a compensation from said owner: Provided,
That if said animals shall receive any abuse or damage from said persons, they shall
be barred from any compensation for the aforesaid services.

Sec 19. When any person or persons may, by mistake, erect and make a fence
or inclosure on the land of another person, then, and in that case, when the line or
lines are legally run by the proper authority, and the fence and inclosures are known
to be on the land of such other person, the person or persons making such fence or
fences as aforesaid, through mistake, shall be empowered and authorized by this
chapter to enter into the said land of another, doing as little damage as possible,
and take away the rails, posts, wood and stones of which said fence or fences are
made and erected, within one year from the time said line or lines may be legally
run.

Sec 20. The owner or owners of any land whereon a fence or fences may have
been made by mistake, shall not throw down, nor in any manner disturb the said
fence or fences for one year from the time such mistake is found out.

282

INSOLVENT DEBTORS.

Sec. 21. When either the owner of the rails, or the owner of the land is de-
sirous of having the line or lines run, dividing such land, then, in that case, the
person wishing such survey, shall give the other person notice in writing, ten days
before such survey is made, of the time and place of making such survey.

Approved : March 3, 1845.

CHAPTER LII.

INSOLVENT DEBTORS.

Section

1. Debtor refusing to surrender property may be

proceeded against by ca. sa.

2. Court of probate may hear applications for dis-

charge.

3. Duty of officer to take prisoner before court of

probate.

4. Duty of probate justice; property to be given

up ; form of oath to be taken.

5. Creditor may resist application ; trial may be

had.

6. Examination may be adjourned.

7. Assignee to be appointed; property of debtor to

be assigned to him.

8. Debtor to be then discharged.

9. Creditor aggrieved, may appeal to circuit court,

on giving bond.

10. If probate justice refuse to discharge the appli-

cant, he may appeal, on giving bond.

11. Property not to be sold by assignee, unless per-

ishable.

12. Circuit court may try and dispose of case.

Section

13. Question of fraud to be tried in probate court

by a jury of seven householders.

14. Their verdict ; effect of; appeal.

15. Question of refusal to surrender property how

tried.

16. Duty of assignee, as to property.

17. Power of assignee to sell lands; effect of such

conveyances.

18. When assignee shall settle estate ; assets, how

disposed of in payment of debts ; when there
is overplus.

19. Head of family may retain same amount of pro-

perty as is exempt from execution.

20. Compensation of assignee.

21. Fees of probate justice in such cases.

22. In case of insolvency of probate justice, coun-

ty commissioner to act.

23. Debtor swearing falsely, punished as for per.

jury.

24. Effect of discharge.

Section 1. Whenever any debtor shall refuse to surrender his or her estate,
lands, tenements, goods or chattels, for the satisfaction of any execution which may
be issued against the property of any such debtor, it shall and may be lawful for the
plaintiff in such execution, or his or her attorney or agent, to make affidavit of such
fact before any justice of the peace of the county ; and upon filing such affidavit
with the clerk of the court from which the execution issued, or with the justice of
the peace who issued such execution, it shall be lawful for such clerk or justice
of the peace, as the case may be, to issue a ca. sa. against the body of such defendant
in execution.

Sec 2. The courts of probate, in the several counties in this State, shall have
the sole power, in the first instance, to hear and determine all applications for dis-
charge from imprisonment for debt under this chapter.

Sec 3. When any person shall be arrested for debt on execution, or on orig-
inal process, for the purpose of being held to bail, and shall be desirous of releasing
his or her body from such arrest or imprisonment, by delivering up his or her prop-
erty, it shall be the duty of the sheriff, or other officer having the custody of such
debtor, to convey him or her before the judge of probate of the county in which
such arrest is made.

INSOLVENT DEBTORS. 283

Sec. 4. It shall be the duty of the probate justice of the peace before whom any
such debtor shall be brought as aforesaid, to require of such debtor a full, fair and
complete schedule of all his or her estate, real or personal, including money, notes,
bonds, bills, obligations and contracts for money or property of any and every
description or kind, name or nature whatsoever, together with a true and perfect
account of all the debts which he or she shall or may be owing at the time ; which
schedule shall be subscribed by the debtor, who shall also take the following oath
or affirmation, to-wit : "I do solemnly swear (or affirm, as the case may be,) that
the schedule now delivered, and by me subscribed, contains, to the best of my
knowledge and belief, a full, true and perfect account and discovery of all the estate,
lands, tenements, hereditaments, goods, chattels and effects unto me in anywise
belonging, and such debts as are unto me owing, or unto any person or persons for
me, or in trust for me, and of all securities and contracts whereby any money may
become due or payable, or any advantage or benefit accrue to me or to my use, or
to any person or persons for me or in trust for me ; that I have not lands, money or
any other estate, real or personal, in possession, reversion or remainder, which is
not set forth in this schedule ; nor have I, at any day or time, directly or indirectly,
sold, lessened in value, or otherwise disposed of, all or any part of my lands,
money, goods, stock, deists, securities, contracts or estate, whereby to secure the
same, or to receive, or expect to receive, any profit or advantage therefrom, to
defraud any creditor or creditors, to whom I am indebted in anywise whatsoever ;
and also, that this schedule contains a true and perfect account of all the debts which
I owe to any and every person whatsoever." Which oath or affirmation shall be
subscribed by the debtor, and certified by the probate justice of the peace, as may
all oaths or affirmations, which it may be necessary for him to administer in the
discharge of the duties assigned him by this chapter.

Sec. 5. Any creditor of such debtor shall have the right to appear before the
probate justice of the peace, and contest the truth of such schedule ; and may for
that purpose call such witnesses as he or she shall deem necessary ; and the court
shall issue subpoenas, and compel the attendance of witnesses, in the same manner
as the judges of the circuit courts do in term time.

Sec 6. The probate justice of the peace shall have power to adjourn or continue
the examination of any such debtor to any convenient time, not exceeding thirty
days, upon the said debtor giving security for his appearance, and also for the sur-
render of all the goods, chattels and estate mentioned in his schedule, at the day or
time to which such examination may stand continued or adjourned.

Sec. 7. If, after full investigation and fair examination of the debtor and the
witnesses, if any, it shall appear to the probate justice of the peace that the pro-
ceedings on the part of the said debtor are fair, just and honest, it shall be the duty
of the court to name some fit person to act as assignee of the said debtor ; and such
debtor shall immediately, by indorsement on the back of said schedule, assign all
or so much of his property therein mentioned, as will, in the opinion of the court,
be sufficient to pay all the debts, interest, costs and charges, in such schedule men-
tioned, to the person so named as assignee ; and such assignment, so made, shall
absolutely vest in such assignee, all the interest of such debtor in and to the said
estate so assigned for the use of the creditor or creditors of such debtor.

Sec. 8. Whenever the said debtor shall produce to the court a receipt of the
assignee of such debtor, certifying that he has received all the estate, property,
goods, chattels and effects so assigned to him, then it shall be the duty of the court

284 INSOLVENT DEBTORS.

to give to such debtor a discharge, in writing, from imprisonment ; and the officer
having the custody of the said debtor, shall, on the production of such discharge,
forthwith liberate such debtor from arrest or imprisonment ; and such discharge,
from arrest or imprisonment, shall exempt the said debtor from arrest on account
of any debt mentioned in said schedule, until the same shall be vacated by due
course of law.

Sec. 9. Any creditor thinking himself or herself aggrieved by any such dis-
charge, shall and may be allowed an appeal to the next circuit court to be held in
the county, upon his or her giving bond, with security, to prosecute the said appeal
at the next circuit court, and to pay all costs and damages which may accrue to the
party seeking such discharge ; which bond shall be made payable to the probate
justice or his successor in office, as shall all other bonds which maybe given by
authority of this chapter; and the said bond shall be filed with the probate justice.

Sec. 10. Upon application of any debtor for a discharge from imprisonment
under this chapter, and refusal of the court to make an assignee, or to grant a dis-
charge from imprisonment, the said applicant shall be allowed to appeal to the next
circuit court to be held in said county, upon said applicant's entering into bond
with security, in such sum as the court shall require, to appear on the first day of
the next term of the circuit court, and abide the decision thereof; and also, that he
or she will not sell or dispose of, or remove or lessen in value, any or all of the
estate or property mentioned in the schedule of such applicant, but that the same
shall be forthcoming, and subject to the order of the said court ; and upon such
debtor entering into such bond, it shall be the duty of the said probate justice to certify
the whole of the proceedings which have been had before him, to the said circuit
court, on the first day of the term thereof. All appeals shall be prayed before the
probate justice of the peace at the time of trial, or within ten days thereafter.

Sec 11. No assignee shall sell any property assigned to him by any debtor as
aforesaid, during the pendency of any appeal to the circuit court, unless the same be
of a perishable nature, and such as will be materially injured in its value by delay.

Sec 12. The circuit court, at the term to which the proceedings shall be re-
turned, shall (unless for good cause) proceed to hear and determine the matter,
and shall impannel a jury to find the facts, at the request of either party, admitting
all necessary evidence ; and shall make such order therein as justice and equity
may require, affirming or reversing the whole or any part of the proceedings of the
probate justice, and doing all things that may be necessary to effect the objects of
this chapter.

Sec 13. In every case, where a debtor is arrested on affidavit, charging such
debtor with fraud, and being desirous of releasing his or her body from arrest or
imprisonment, it shall be the duty of the sheriff, or other officer having the custody
of such debtor, forthwith to convey him or her before the probate justice of the
peace of the county, whose duty it shall be to issue a venire to the sheriff or other
officer having custody of such debtor, commanding him forthwith to summon seven
reputable householders of the neighborhood, to assemble before the said court as
a jury, who shall be sworn to try the fact of fraud with which such debtor shall
stand charged.

Sec 14. If, after full hearing of the parties, the jury shall find a verdict of
"guilty of fraud," against such debtor, he or she shall be imprisoned until he or
she shall comply with the requisitions of the fourth section of this chapter : but if
the jury find such debtor " not guilty of fraud," then the maker of such affidavit,

INSOLVENT DEBTORS. 285

as aforesaid, shall pay all such costs as may have accrued in consequence of such
arrest or imprisonment, and the debtor shall be discharged from such arrest or im-
prisonment : Provided, always, That either party shall have the right to an appeal
upon the same conditions as in other cases under this chapter.

Sec. 15. Every debtor arrested on any civil suit or process, shall, upon going
before the probate justice of the peace if he shall desire the same, be allowed a
jury of seven householders of the neighborhood, who shall be sworn to try the fact
of refusal to surrender the property of such debtor for the benefit of his or her
creditor ; and if the jury return or find a verdict of " guilty of such refusal, " then
such debtor shall be compelled to surrender his or her property, or schedule his
or her property as provided in the fourth section of this chapter ; but if the jury find
such debtor " not guilty " of refusing to surrender, then such debtor shall be forth-
with discharged.

Sec 16. Every assignee, appointed by authority of this chapter, shall, within
the space of thirty days after the assignment of the property mentioned in the
schedule or inventory of any insolvent debtor, advertise all the personal property,
goods or chattels, mentioned in such schedule, at the door of the court house, and
in three other public places in the county, giving twenty days' notice of the time
and place of such sale ; at which time and place such assignee shall proceed to sell
all such personal property, goods and chattels, for the highest price which can be
obtained, on a credit of nine months, for which he shall take bond, with sufficient
security ; and the said assignee shall also advertise at the same places, as above re-
quired for personal property, the lands and tenements contained in such schedule,
which shall be sold at the door of the court house, on the first day of the circuit
court next to be holden in the said county, between the hours of eleven in the
morning, and sun setting of the said day ; but if the said circuit court should not
sit on such day so appointed for its sitting, then such lands and tenements shall
be sold in the same manner as if said court had been held at the time appointed, to
the highest bidder, on a credit of twelve months, the said assignee taking bond,
with sufficient security, for the payment of the same.

Sec 17. It shall be the duty of every assignee, who shall sell any lands or
tenements, by or under authority of this chapter, upon payment of the purchase
money being made by the purchaser, to make and execute to such purchaser, his
heirs, executors, administrators or assigns, a deed of conveyance for the same,
which shall be acknowledged in the same manner as deeds are acknowledged by
sheriffs, and such deed shall vest in the purchaser, all the rights of the assignor, to
such lands and tenements.

Sec 18. It shall be the duty of every assignee of any insolvent debtor, within
eighteen months after such assignment, to make a settlement of the estate of such
insolvent debtor before the court of probate, giving thirty days' public notice of the
time of making such settlement ; and the probate justice shall make such order
concerning the distribution thereof, as is made in cases of insolvency of deceased
persons 5 and such assignee shall pay the creditors of such insolvent debtor, the
amount of their several dividends, within thirty days after such settlement; and if
the whole amount of debts shall not have been collected at the time of making such
settlement, then such assignee shall continue to collect such outstanding debts, and,
from time to time, make dividends of such sums as shall come to his possession,
until the whole is collected and paid, first deducting such charges and fees as are
by law allowed; and if any thing shall remain in the hands of any such assignee,
after paying all such debts as are mentioned in such schedule, together with the

286

INSPECTIONS.

cost thereon, then such assignee shall pay over the same to the said debtor, his or
her heirs, executors, administrators or assigns.

Sec. 19. Any person being the head of a family and residing with the same,
who shall apply to a court of probate for a discharge from his debts, under the pro-
visions of this chapter, shall be allowed the same amount of property as is exempt
from execution, which shall be assigned and set apart to him by the probate justice.

Sec 20. The probate justice of the peace is hereby authorized to allow every
assignee, who shall be appointed under the provisions of this chapter, such compen-
sation as shall be reasonable and just for the services which he shall be necessarily
called upon <o perform, in the discharge of his duties as assignee.

Sec 21. The probate justice of the peace shall be allowed the same fees for
services rendered by authority of this chapter, as he is allowed for similar services
in the court of probate, in addition to the sum of two dollars for the examination of
each applicant for a discharge under this chapter, and one dollar for each discharge
by him granted to such debtor as aforesaid.

Sec 22. In case of the insolvency of any probate justice of the peace within
this State, the same proceedings shall be had against him, before any county com-
missioner of the county, as are prescribed for other debtors by this chapter.

Sec 23. Any debtor who shall be convicted of taking a false oath, under any
of the provisions of this chapter, shall be deemed guilty of wilful perjury, and shall
suffer the pains and penalties imposed by law therefor.

Sec 24. Any debtor, who shall obtain a discharge under this chapter, and who
shall have acted honestly and without fraud, shall forever after be discharged from
imprisonment, on account of any debt or debts that he may owe at the time of ob-
taining such discharge, and that may be contained in the schedule required to be
made by this chapter ; and the certificate of the probate justice, of such discharge,
shall protect such debtor from imprisonment, in all cases where any action may be
brought against him for any such debt or debts as aforesaid.

Approved : March 3, 1845.

[Amended : — See Appendix, Act No. 2.]

CHAPTER LIII.

INSPECTIONS.

Section
1. Warehouses may be kept in each county.

Standard weighing scales to be kept.

Inspectors ; their duties, &c.

Further duties.

Rates of charges for inspection.

Hogsheads of tobacco, weight of.

Shall be recorded in books to be kept by in-
spectors.

Inspectors to be sworn.

Inspectors to give certilicate to owners.

Tobacco warehouses ; persons applying may
erect, on giving bond.

Inspector, how appointed ; duty of; vacancies,
how filled.

10.

11.

Section

12. Bond required ; its conditions; proceedings in

case of breach ; oath ; penalty.

13. Duty of inspector ; penalty for neglect of.

14. Book to be kept; entries therein; inspection
and weighing of tobacco ; form of receipt.

Tobacco refused, how disposed of; transferring
tobacco for re-inspection.

Fees, &c. ; inspector's report.

Inspectors to store tobacco ; liability for negli-
gence.

When new inspectors appointed, how to pro.
ceed; loss of weight, &c.

Inspectors required to give receipts.

If receipts be lost, how supplied.

15.

IS.

19.
SO.

INSPECTIONS.

287

Section

21. Entries of marks, &c, by inspector.

22. What tobacco considered lawful; what unlaw-

ful.

23. Tobacco, how delivered on owner's order.

24. Bribery of inspectors, how punished.

25. Penalty for forging receipts, &c.

26. Balances, &c, to be erected.

Section

27. Commissioners of warehouses, how appointed j

their duties ; compensation.

28. Inspectors to be exempt from military duty.

29. Penalties, how recovered.

30. Private warehouses, how and when to be erec-

ted, and how regulated.

31. If tobacco not removed, how disposed of.

Section 1. Public warehouses may be kept at the several places which may
be pointed out by the commissioners in each county, for an inspection of beef, pork,
hemp, flour, tobacco, and all other articles of exportation necessary to be inspected.

Sec 2. There shall be kept at the several warehouses that may be established,
a good and sufficient pair of scales, sufficient to weigh eighteen hundred, at least,
and a set of small weights, such as ought to be, according to the standard weight
of the county, and that the proprietors of each warehouse provide the same.

Sec 3. All beef, tobacco, hemp and flour, brought to any of the public ware-
houses, shall be viewed, inspected and examined, by two persons thereunto ap-
pointed by the county commissioners in each county ; and it shall be the duty of the
commissioners aforesaid, to appoint such inspectors, when in their opinion it may
be thought necessary; and it shall be the duty of the aforesaid county commission-
ers to nominate three fit persons for inspectors at each of the several warehouses
within their respective counties ; the two first in the nomination shall be consid-
ered as the acting inspectors for the ensuing year ; or in case of sickness, death or
inability in either of the two first inspectors, the third shall be called in to decide
on such articles subject to inspection; and the said commissioners shall have power,
on complaint in writing being lodged in the office of the clerk of the county, at their
first term after such notice to them given, to summon the inspector or inspectors
before them, as the case maybe, and as the county commissioners shall judge just;
and said commissioners shall fill all vacancies which may happen at any time during
the remainder of the year. Every such inspector, so appointed by virtue of this
chapter, before he enters into the execution of his office, shall give bond with appro-
ved security, in the penal sum of two hundred dollars, payable to the Governor or
his successors in office, conditioned for the true and faithful performance of his duty
according to the conditions of this chapter ; which said sum shall be recovered by
action of debt before the circuit court, for any wilful or flagrant breach of duty ;
which bond shall be given and entered into before the county commissioners' court,
and lodged in the clerk's office of the county.

Sec 4. All inspectors to be appointed by virtue of this chapter, shall attend
at the different warehouses for which they are appointed, on the application of any
person who wishes to have his beef, pork, flour, hemp or tobacco inspected, Sun-
days excepted ; and every inspector neglecting to attend as aforesaid, shall forfeit
and pay to the person aggrieved, five dollars, to be recovered before any justice of
the peace in the proper county. And the said inspectors shall inspect every arti-
cle that comes within the purview of this chapter, in such a manner, that they may
be fully satisfied, that each article so inspected shall completely answer in quality
to the mark or brand by them made, which shall be marked on the barrel or hogs-
head, if flour, the letters S. F., for superfine, and the letter F., for fine, with the
gross weight and net weight marked in figures on the said barrel : if tobacco, or
pork, or beef, the weight in gross and net, marked on the head of said hogshead or
barrel.

288 INSPECTIONS.

Sec. 5. The rate of inspection and storage of the several articles so inspected,
shall be fixed by the several county commissioners at their first or second courts in
every year.

Sec 6. Each hogshead of tobacco shall weigh not less than nine hundred and
fifty weight, or exceed eighteen hundred, net : and the barrel of flour shall weigh
one hundred and ninety-six pounds, net weight; each barrel of pork and beef shall
weigh not less than two hundred pounds net weight each.

Sec. 7. It shall be the duty of the several inspectors, to enter in a book by
them kept for that purpose, the mark, number and weight of the several hogsheads
and barrels, by them inspected, together with the name of the inspector and ware-
house where each inspection was had.

Sec. 8. Each and every inspector appointed by virtue of this chapter, before
they enter on the duties of their respective offices, shall be sworn before the clerk
of the commissioners' court, by which they were appointed, that they will faithfully
discharge the duties of their office, without favor, partiality or affection.

Sec 9. It shall be the duty of the several inspectors to furnish the owner or
proprietor of any of the above mentioned articles, with a certificate, the mark,
number and weight of the several articles by them inspected.

Sec 10. It shall be the duty of the county commissioners' courts in the several
counties within this State, from time to time, to authorize the erection of warehouses
for the reception and inspection of tobacco, at such places within their respective
counties as they may deem necessary and proper. And they shall, moreover,
require the person or persons who shall apply for permission to erect the same, to
give bond, with sufficient security, in a reasonable penalty, payable to the county
commissioners of said county or their successors in office, for the benefit of the
county, with condition to erect such strong and substantial house or houses, as will
contain at least one hundred hogsheads of tobacco, and as many more as the said
county commissioners may think necessary, and also to keep the same in repair as
long as it shall continue a public warehouse.

Sec 11. All tobacco which shall be brought to any of the warehouses, estab-
lished as hereinbefore directed, shall be received, inspected and examined by one
person, to be thereunto appointed, who shall be called Inspector, and who shall be
appointed in the following manner, to-wit : The county commissioners of the several
counties wherein any warehouse or warehouses shall be established according to
the provisions of this chapter, shall, and they are hereby authorized and required,
once in every year, at the first term of their courts, or at the next succeeding term,
to appoint a person of honest character, and reputed to be skillful in tobacco, as in-
spector for each and every warehouse within their respective counties : and in case
of death, resignation or removal of any person so appointed, the said county com-
missioners shall, at the next succeeding term, upon notice of such death, resigna-
tion or removal, appoint a person, qualified as aforesaid, to act as inspector for
that inspection, where the vacancy shall have occurred, until the next regular ap-
pointment of inspectors, and every inspector shall continue in office until a succes-
sor is appointed: Provided, That the county commissioners' court may, if they deem
it necessary, appoint one additional inspector to each and every public warehouse
within the county.

Sec 22. Every person who shall be appointed inspector by virtue of this
chapter, shall, before he enters upon the duties of his office, give bond, with
sufficient security, in the penalty of not less than one thousand dollars, at the dis-

INSPECTIONS. 289

cretion of the county commissioners' court, payable to the said county commission-
ers, or to their successors in office, for the benefit of the county, with condition for
the true and faithful performance of his duty while he continues inspector according
to the provisions of this chapter ; which bond shall be filed in the clerk's office of
the county commissioners' court, and the county treasurer shall commence suit for
the recovery of the above penalty, against every inspector failing to discharge the
duties of his office, agreeably to the provisions of this chapter, before any tribunal
having jurisdiction thereof, within two months after notice of such failure, under the
penalty of five hundred dollars. And every inspector shall also take the following
oath or affirmation, in open court, at the time he executes his bond, to-wit : "You
do solemnly swear, (or affirm, as the case may be,) that you will diligently and
carefully view and examine all tobacco brought to the warehouse, whereof you are
appointed inspector, and that you will not receive or pass any tobacco which is not
in your opinion sound, well conditioned, merchantable and free from trash ; and.
that in classing the same, you will, according to your best skill and judgment, make
a true and correct discrimination between the first and second qualities; and that
you will not receive, pass or stamp any hogshead or cask of tobacco, contrary to
the true intent and meaning of the laws in such case made and provided, nor refuse
any tobacco that in your judgment is sound, well conditioned and merchantable, and
free from trath; and that you will not change, alter or give out any tobacco, other
than such hogsheads or casks, for which the receipt to be taken was given, but that
you will in all things well and faithfully discharge your duty in the office of in-
spector, according to the best of your skill and judgment, and according to law,
without fear, favor or affection, malice or partiality : So help you God." And if
any person shall presume to execute his office of inspector, before he shall have
given such bond and taken such oath aforesaid, he shall forfeit and pay five hundred
dollars for the use of the county.

Sec. 13. The inspectors of tobacco shall attend at their respective warehouses
whenever called on, (Sundays and sickness excepted,) by any shipper or raiser of
tobacco, to deliver out for exportation such tobacco as remains in the warehouse,
and to inspect any tobacco brought to said warehouse ; and every inspector neg-
lecting to attend when requested, as aforesaid, shall forfeit and pay to the party ag-
grieved, fifty dollars for every neglect, or be liable to an action on the case, at the
suit of the party aggrieved, to recover all such damages as he or they shall have
sustained by any such neglect.

Sec. 14. That all persons having tobacco at a public warehouse, may have equal
justice, the inspector shall enter in a book, to be kept for that purpose, the marks
and owners' names of all tobacco brought to their respective warehouses for in-
spection, in the order in which the same shall be brought in ; and such inspector
shall view and inspect the same, in due time, as it shall be entered in such book,
without favor or partiality, and shall uncase and break, in not less than two places,. .
every hogshead or cask of tobacco brought in to be inspected as aforesaid : and if
he shall find the same to be good, well conditioned, merchantable and free from
trash, he shall then determine whether sueh tobacco is of the first or second quality,
shall weigh the same in scales, with weights of the lawful standard, and shall stamp
or mark with a scoring iron, the hogshead or cask, with the name of the owner and
of the person by whom raised, (if known,) the name of the warehouse at which
inspected, and also the tare of the hogshead or cask, the quantity of net tobacco
therein contained, and whether the same is of first or second quality : he shall also

19

290 INSPECTIONS.

issue a receipt for each hogshead of tobacco he shall pass, if requested by the own-
er, which receipt shall be in the following form, to-wit : "At warehouse, county
of , this day of , received of , hogsheads of leaf or

stemmed (as the case may be) tobacco, of the first or second quality, (as the case
may be,) number, mark and weight, as follows :

to be delivered to the said or order l'or exportation, when demanded.
Witness my hand :

And no inspector shall presume to issue, under any pretence whatsoever, a re-
ceipt for tobacco, other than such as shall be printed or written in a plain hand, and
according to the above form, under the penalty of one hundred dollars, recoverable
by any person who will sue for the same.

Sec. 15. When any tobacco shall be refused by the inspector, the proprietor
•thereof shall be at liberty to separate the good from the bad for re-inspection, but
if he refuse so to do, then it shall be the duty of the said inspector to weigh, prize
and cooper up the same, and mark the gross weight on each cask, and take care of
and deliver the same to the owner, for which the inspector shall receive one dollar
for every hogshead so delivered, in addition to the inspection fees hereinafter men-
tioned : And for the prevention of fraud, the inspector shall grant a manifest or cer-
tificate for each hogshead of tobacco so refused, coopered and delivered, specifying
the weight of the same, and that the same had been inspected and refused : and if
any person shall sell refused tobacco, or manufacture the same without such mani-
fest, he shall forfeit and pay the sum of fifty dollars for every hogshead so sold or
manufactured, one-half to the person suing for the same, and the residue for the
benefit of the county in which the offence shall be committed : but it shall, be law-
ful for any person having a hogshead of tobacco refused, to carry the same, with
the manifest, to any other warehouse, and the inspector thereat, upon viewing the
tobacco, if he esteem it of good quality, first destroying the manifest, he may grant
a receipt, as is herein before directed, or shall grant another manifest, (for which
one dollar shall be paid,) expressing the review, and that it was the second time
refused ; after which second refusal, the owner shall not be permitted to carry the
tobacco to any other warehouse for re-inspection, but may either have the same
picked, or sell the same as refused tobacco, accompanying it with the manifest.

Sec 16. Every hogshead of tobacco inspected at any of the warehouses estab-
lished by virtue of this chapter, the planter or owner of the same shall pay to the
inspector fifty cents, whether the same shall be passed or refused, and pay for every
hogshead shipped from any of the warehouses aforesaid, the shipper, or exporter,
when he demands the same for exportation, shall pay the inspector the further sum
of one dollar, in lull for coopering and storage for the first three months, and for
each and every month thereafter the same remains in the warehouse, he shall be
entitled to twenty-five cents, to be paid when the tobacco is taken away ; and the
said inspector, out of the money arising from inspection and shipment of tobacco,
shall, in the first instance pay to the owner or proprietor of the warehouse, seventy-
five cents for every hogshead received thereat, as rent for said warehouse, and shall
retain the residue for his own compensation : Provided, Such compensation shall
in no case exceed two hundred dollars per annum : and whenever the net profits
of any warehouse shall exceed the sum necessary for paying the sums aforesaid,

INSPECTIONS. 291

the surplus shall be paid into the county treasury by the said inspector, for the
benefit of the county. And every inspector shall, once a year, at the March term
of the county commissioners' court of his county, return to the said county com-
missioners' court a statement of the number of hogsheads of tobacco received at
his warehouse during the year, the number passed, and the number refused, and
the number delivered for exportation ; and shall account to said county commission-
ers' court for all moneys received by virtue of his office, and all disbursements
made ; and if any inspector or keeper of a warehouse, shall make a false return
he shall be liable to indictment, and on conviction, shall pay a fine, double the
amount so kept back and not accounted for, to go to the use of the county.

Sec. 17. Every inspector shall store away and secure every hogshead of to-
bacco which he shall have inspected during the day ; and shall, in case of negli-
gence, be liable to the action of the proprietor of such tobacco, for all damages ac-
cruing thereto, by reason of such negligence.

Sec 18. When any new inspector shall be appointed at any warehouse such
inspector shall, and he is hereby required to give to the person whom he shall suc-
ceed in office, a receipt under his hand, containing the numbers, marks gross tare
and net weight of all and every hogshead or cask of tobacco, which shall be then
remaining at the warehouse at which he is appointed inspector ; with the delivery
of which hogsheads or casks of tobacco, so remaining, he shall thenceforth be
chargeable and liable, but he shall in nowise be accountable for the loss of weight
or quality of tobacco, contained in any hogshead or cask, for which receipt was
given by him as aforesaid : and if any hogshead or cask of tobacco be hereafter re-
ceived by any person whomsoever, and delivered out of any warehouse for expor-
tation by the inspector attending the same, such inspector, from the time of such
delivery, shall be forever discharged and acquitted from all actions, costs and char-
ges for, or by reason of the tobacco contained in any such hogshead' or cask beincr
unsound and unmerchantable, or of less quantity, or of different quality from that
specified in the receipt given for the same, any thing herein contained "to the con-
trary notwithstanding.

Sec 19. Inspectors of tobacco at the several warehouses in this State shall
immediately on the delivery of every hogshead or cask of tobacco, at the warehouse
whereof they are respectively inspectors, give a receipt for such tobacco if re-
quired by the proprietor, or the person bringing the same to the said warehouse
expressing therein that the same is for uninspected tobacco : every inspector refus-
ing so to do shall forfeit and pay to the owner of said tobacco, five dollars : Provi-
ded, Such delivery is made during the time inspectors are compelled to attend their
warehouses.

Sec 20. If any inspector's receipt shall be casually lost, mislaid or destroyed
the person or persons entitled to receive the tobacco, by virtue of any such receint
shall make oath before some justice of the peace of th'e county where the same i
payable, to the number and date of such receipt, to whom and where payable and
for what quality of tobacco the same was given, and that such receipt is lost mis
laid or destroyed, and that he, she or they, at the time such receipt was lost mis
laid or destroyed, was lawfully entitled to receive the tobacco therein mentioned •
and shall take a certificate thereof from such justice, and shall advertise the loss f
such receipt at the court house of the county in which such inspection may be
the court day, and at the inspection where the tobacco was bought, for four week-
successively, and shall moreover give bond, with sufficient security to indemnif

292 INSPECTIONS.

the inspector from loss by the claim of the person who may thereafter produce the
original receipt, within twelve months after the notice given of the loss thereof;
whereupon the inspector shall grant a duplicate of the same receipt to the person
or persons entitled to receive the tobacco by virtue of the original receipt, and not
otherwise ; which receipt shall be signed as duplicate : the bond so taken shall be
assignable by the inspector taking the same to the person producing the original
receipt, who may maintain an action of debt thereupon, and such assignment shall
exonerate the inspector from any claim or demand against him, by virtue of the
original receipt : Provided, nevertheless, That if the principal and security should,
at the time of taking such bond, be insufficient, then in that case, the inspector
shall be responsible for the value of the tobacco to the person producing such orig-
inal receipt ; and if any person shall be convicted of making a false oath or pro-
curing a false certificate, in the case aforesaid, such person shall suffer as in cases
of wilful and corrupt perjury.

Sec. 21. Every inspector shall carefully enter in a book to be kept for that pur-
pose, the marks, numbers, gross, tare and net weight of all tobacco, viewed and
stamped by them as hereinbefore directed, and on what vessel or boat, the same
shall have been shipped ; and shall also, with every vessel or boat load of tobacco,
send a list of the numbers, marks, gross, tare and net weight of every hogshead or
cask of tobacco then delivered, to be given to the master of the boat or vessel, in
which the same shall be shipped.

Sec 22. All stemmed tobacco not laid straight, whether the same shall be pack-
ed loose or in bundles, shall be accounted unlawful tobacco ; and no tobacco packed
in hogsheads, which exceed fifty-four inches in the length of the stave, or thirty-
six inches at the head, within the crow, making reasonable allowance for prizing
(which allowance shall not exceed two inches above the gauge) in the prizing head,
and which shall be bound with eight hoops, shall be passed or received ; but the
owner of such tobacco, packed in hogsheads or casks of greater dimensions than
above expressed, shall be obliged to repack the same in sizable casks, before the
same shall be passed or stamped by the inspector ; nor shall any hogshead be so
passed or stamped, unless the net weight thereof shall be at least eight hundred
pounds.

Sec 23. Any inspector who shall alter, change or deliver out any hogshead of
tobacco, other than the one for which the receipt to be taken in was given, shall
forfeit and pay one hundred dollars for every hogshead so altered, changed or de-
livered out ; and if any inspector shall fail or refuse to deliver any hogshead of
tobacco, when the same shall be demanded for exportation, or shall deliver such
tobacco without an order from the owner thereof, he shall, in either case, forfeit to
the owner double the value of the tobacco which he shall so refuse to deliver, or
deliver wrongfully. ,

Sec 24. Any inspector who shall take, accept or receive, directly or indirectly,
any gratuity, fee or reward, for any thing so done, in pursuance of this chapter,
other than the payments and allowances hereinbefore mentioned and expressed,
upon being convicted thereof, shall forfeit and pay the sum of one hundred dollars,
to be recovered with costs, to the use of the county wherein the offence shall have
have committed, and shall, moreover, be removed from office : and if any person shall
offer any bribe to any inspector, for any thing by him to be done in pursuance of
this chapter, other than the payments and allowances hereinbefore mentioned and
expressed, such person so offending, upon being thereof convicted, shall forfeit and

INSPECTIONS. 293

pay one hundred dollars, for the use of the county wherein the offence shall have
been committed.

Sec. 25. Any person who shall alter or change the face of a note for passed or
refused tobacco, or who shall alter or cause to be altered, the stamps or marks on
any hogshead of inspected tobacco, whether passed or refused, shall be deemed
guilty of forgery, and punished as in other cases of forgery.

Sec 26. Any person who shall erect a warehouse in pursuance of this chap-
ter, shall, in addition to the requisitions hereinbefore mentioned, be required to
erect a strong and sufficient prize within the same, and also to provide a pair of
strong scales, or patent balances, and correct weights, to weigh at least fifteen hun-
dred pounds.

Sec 27. The county commissioners' courts of counties wherein one or more
warehouses shall be erected, shall, at the term whereat the appointment of inspec-
tor is made, appoint a discreet householder, of ability and integrity, to act as com-
missioner of warehouses for one year, whose duty it shall be to see that the ware-
houses in his county are kept in good repair, that proper scales and weights are
provided, kept in repair, examined and compared with the standard weights of the
county ; once in six months, at least, to visit every warehouse in his county, and
see that the tobacco therein is properly stowed away and secured, and that the in-
spectors diligently discharge their duties ; and if he shall discover in any inspector,
any negligence or breach of his duty, he shall report the same to the county com-
missioners' court at the next term thereof; whereupon said inspector shall be pro-
ceeded against according to law ; and the commissioner so appointed shall be allow-
ed two dollars for every day he shall be necessarily employed in performing the
duties prescribed by this chapter, to be paid out of the county treasury : Provided,
That such compensation shall not exceed thirty dollars in one year.

Sec 28. The inspectors of tobacco shall be, and they are hereby exempted from
militia duty, except in case of actual invasion and insurrection, and also from serv-
ing on juries.

Sec 29. All penalties and forfeitures in this chapter contained, the mode of
recovery and application of which are not specially set forth, shall be recovered by
action of debt at the suit of the county treasurer, and shall be applied to lessening
the county tax.

Sec 30. If before the erection of a public warehouse in any county, the quan-
tity of tobacco raised or brought therein shall, in the opinion of the county com-
missioners' court, require the appointment of one or more inspectors, the same shall
be appointed, and when appointed may proceed to examine and inspect any tobacco
which may be lodged in any private warehouse, and shall pass or refuse the same,
and do all other acts that are required by this chapter, in case of inspection in pub-
lic warehouses, and such inspection shall be to all intents and purposes legal. The
owner of such private warehouse shall not suffer any tobacco to be removed after
inspection, unless by order of the inspector, who shall have as complete control
over the same as if it were stored in a public warehouse, and shall be responsible
in the same manner to the owner thereof; and any proprietor or owner of a pri-
vate warehouse in which tobacco has been inspected and stored, who shall deliver
or suffer the same to be removed without an order from the inspector, as aforesaid,
shall forfeit double the value of the tobacco so delivered or suffered to be removed,
to be recovered by the inspector for the benefit of the owner of such tobacco :
Provided, That there shall be no tobacco inspected in a private warehouse, where

294 INTEREST.

there is a public one erected in the same county, and prepared for the reception
and inspection of tobacco : Provided, also, That it shall be lawful for any citizen of
this State, who wishes to export tobacco without inspection, to do so, any law to
the contrary notwithstanding.

Sec 31. If the owner of any tobacco, deposited in any warehouse, shall suffer
the same to remain there for a longer time than two years, without paying the fees
for storage and keeping the same, it shall and may be lawful for the inspector or
keeper of the warehouse to advertise the same, either in some newspaper, the nearest
printed in the State, or by setting up six advertisements in writing, in the most public
places in the county, for six weeks previous, fairly to expose and sell the same for
the best price that can be had in cash, and the overplus, if any, after paying all
fees and costs, to be returned to the owner, if called for within five years from the
day of sale ; if not called for, the same to go to the county : and if any person
shall suffer any property other than tobacco to remain in any warehouse established
under this chapter, or any public or private warehouse now established, or which
may hereafter be established, for a longer term of time than fifteen months from the
time of depositing1 the same, without paying the fees . for storage, the keeper or in-
spector may, in like manner advertise and sell the same, for what the same will
bring in cash ; and the surplus, if any, to be paid over to the owner or county as
above stated.

Approved: March 3, 1845.

CHAPTER LIV.

IT\TTEEEST.

1. Interest fixed at six per cent.

2. Interest to be six per cent, on judgments;

on balances due on settlement of accounts, and
on money withheld.

3. General restriction.

5. Further provisions and penalties.

6. Persons paying usury, may recover three-fold,, if

suit be brought within two years.

7. Parties may be witnesses in certain cases.
Townships, at their annual election for trustees,

4. When pleadings disclose fact that excess has | may vote to take interest on school moneys

been taken, defendant may recover costs, and j loaned at a rate of interest from eight to

plaintiff shall forfeit three-fold the illegal inter- I twelve per cent,
est taken ; penalty, how disposed of.

Section 1 . The rate of Interest upon the loan or forbearance of any money,
^oods or things in action, shall continue to be six dollars upon one hundred dollars
for one year, and after that rate for a greater or less sum, or for a longer or a shor-
ter time.

Sec 2. Creditors shall be allowed to receive at the rate of six per centum per
annum, for all moneys after they become due on any bond, bill, promissory note or
other instrument of writing ; on any judgment recovered before any court or magis-
trate authorized to enter up the same within this State, from the day of singing
judgment until the effects be sold, or satisfaction of such judgment be made; like-
wise, on money lent, on money due on the settlement of accounts from the day of

INTEREST. 2 95

liquidating accounts between the parties, and ascertaining the balance; on money
received to the use of another, and retained without the owner's knowledge, and on
money withheld by an unreasonable and vexatious delay of payment.

Sec. 3. No person or corporation shall, directly or indirectly, accept or receive
in money, goods, discounts or things in action, or in any other way, any greater
sum or greater value, for the loan, forbearance or discount of any money, goods
or things in action, than as above described.

Sec 4. Whenever, in any action brought on any contract or assurance, for the
payment of money, or any other thing, it shall appear to the court before which
such action shall be tried, by the pleading on the case, and on application of the de-
fendant, that a greater rate of interest shall have been directly or indirectly re-
se»ved, discounted or taken, than is allowed by this chapter, the defendant shall
recover his full costs, and the plaintiff shall forfeit three-fold the amount of the
whole interest reserved, discounted or taken, and shall have judgment and execu-
tion for the balance only, which may remain due upon said contract or assurance,
after deducting three-fold the amount of said interest, one-third part of which shall
be paid to the defendant, and the remaining two-thirds shall be paid into the county
treasury of the county in which such suit shall have been instituted.

Sec. 5. If any person or corporation shall, directly or indirectly, contract to
accept or receive in money, goods, discounts or things in action, any greater sum
or greater value, for the loan, forbearance or discount of any money, goods or
things in action, than is prescribed by this chapter, he, she or they shall forfeit and
pay to the person suing for the same, three-fold the amount of the whole interest
so contracted, to be reserved, discounted or taken : Provided, Said suit be not
commenced by either of the contracting parties ; and if so, then the amount so re-
covered shall be paid into the county treasury of the county where such suit shall
have been instituted.

Sec 6. Every person, who for any such loan, discount or forbearance, shall
pay or deliver any greater sum or value than is above allowed to be received, and
his personal representatives may recover in an action against the person who shall
have taken or received the same, and his personal representatives three-fold the
amount of the money so paid, or value delivered above the rate aforesaid, either by
an action of debt in any court having jurisdiction thereof, or by bill in chancery in the
circuit court, which court is hereby authorized to try the same : Provided, Said ac-
tion shall be brought, or bill filed within two years from the time when the right
thereto accrued.

Sec 7. In the trial of any action wherein it shall appear by the pleadings, that
the fact of usury shall be put in issue, it shall be lawful for the debtor, the creditor
beinaj alive, to become a witness, and his testimony shall be received as evidence,
and the creditor, if he shall offer his testimony, shall be received as a witness,
together with any other legal evidence that may be introduced by either party.

Sec 8. Any township in this State, having school, college or seminary funds
to loan, may hereafter loan the same, at any rate of interest not less than eight per
cent., nor more than twelve per cent, per annum ; the rate to be fixed by a majority
of the legal voters of said townships respectively, who shall, at every election for
township trustees, vote the rate of interest at which said fund shall he loaned-,
until their next election for trustees, any law to the contrary notwithstanding.

Apfkoved : March 3, 1845.

CHAPTER LV.
JAILS AND JAILERS.

Section

1 . Jail to be kept in each county.

2. Sheriff to have custody of; may appoint jailer.

3. Duty of sheriff and jailer to receive and dis-

charge prisoners.

4. Criminals and debtors not to be confined in same

room.

5. Person convicted, if able, to pay expense of

commitment, and support in jail.

6. When prisoner is unable to support himself,

county commissioners' court may make al-
lowance.

7. Sheriff shall permit prisoner, not under convic-

tion for felony, to have drink, food and cloth-
ing; grand jury to visit jail, and make report ;
duty of circuit court to inquire, &.e.

8. Food ; spirituous liquors, regulation as to.

Section
9. Jailer to receive prisoners committed under the

authority of the courts of the United States.
10. Duty of jailer in such cases; penalty for neg-
lect of; his compensation for keeping prison-
ers.
When jail is insufficient, duty of sheriff to hire

guards, &c.
When there is no jail, prisoners to be removed

to another county.
When prisoner so committed, sheriff to notify
judge ; further proceedings ; penalty, if sheriff
or jailer fail to make proper return ; how re-
covered; fees.

14. How expenses paid in criminal suits; how in

civil.

15. Sheriff may be imprisoned in his own jail.

11.

13.

Section 1. There shall be kept and maintained, in good and sufficient condi-
tion and repair, a common jail in each county within this State, at the permanent
seat of justice for such county.

Sec. 2. The sheriff of each county in this State shall have the custody, rule,
keeping and charge of the jail within the county, and of all prisoners in such jail,
and may appoint a jailer under him, and remove him at pleasure, for whose conduct
he shall be responsible.

Sec. 3. It shall be the duty of the sheriff and jailer to receive from constables
and other officers, and confine in such jail, all persons who shall be apprehended
by such constables, or other officers, for offences against this State, or who shall be
committed to such jail by any competent authority, until discharged by due course
of law.

Sec. 4. It shall not be lawful for any sheriff or jailer, to confine or keep debtors
and persons committed for crimes in the same room, but they shall be confined and
kept separate and apart from each other.

Sec 5. Every person who shall be committed to the common jail within any
county of this State, by lawful authority, for any crime or misdemeanor, if he or
she shall be convicted thereof, shall pay the expenses of arresting and conveying
him or her to the said jail, and also of his or her support while in jail, before he or
she shall be discharged, and the property of such person shall be subjected to the
payment of such expenses from the time of his or her arrest ; and all such expenses
up to the time of conviction shall be included in the judgment for costs. All ex-
penses incurred for the support of such convicted person after conviction, may be
collected by order of the circuit court, from time to time as occasion may require r
Provided, however, That said court may, in their discretion, refuse to make such
order upon being satis lied on the oath of such convicted person, or otherwise, that
such convicted person has no property or means of satisfying such expenses for his
or her support.

JAILS AND JAILERS. 297

Sec. 6. Whenever any person committed to jail upon any criminal process,
under any law of this State, shall declare on oath or affirmation, in writing, that he
or she is unable to buy or procure necessary food, the sheriff or jailer shall provide
such prisoner with necessary food, for which he shall be allowed a reasonable com-
pensation, to be ascertained by the county commissioners' court, and paid as other
county charges. And, if from the inclemency of the season, the sickness of the
prisoner or other cause, the sheriff shall be of opinion that additional clothes or bed-
ding are necessary for such prisoner, and such prisoner shall be unable to obtain
or procure the same, the said sheriff shall furnish the same, lor the use of such
prisoner during his confinement ; for which he shall be allowed a just compensation,
and paid as aforesaid.

Sec 7. Every sheriff and jailer, and other person or persons, whatsoever, to
whose custody or keeping any person or persons shall be committed, by virtue of
any writ or process, or for any criminal oifence, except on conviction of any felo-
nious offence, shall permit and suffer him, her or them so committed, at his, her or
their will and pleasure to send for, and have any cider, ale, beer, victuals or other
necessary drink or food, from what place and whom they please, and also to have
and use such bedding, linen and other things, as he, she or they shall think fit,
without detaining the same, or any part thereof, or enforcing or requiring him, her or
them to pay for the having or using thereof, or putting any manner of restraint or diffi-
culty upon him, her or them in using thereof, or relating thereto. And it shall be the
duty of the grand jury, at each term, or a committee to consist of at least three
members thereof, to visit the jail of their county, and examine the condition thereof,
and inquire into the treatment of the prisoners, and make report thereof to the
court. And it is hereby made the especial duty of the circuit court, at each term,
to inquire and see that all prisoners, civil and criminal, are humanely treated.

Sec. 8. All persons convicted of any felonious or other high crime, and sen-
tenced to imprisonment for six months or upwards', shall, lor the whole term of their
imprisonment, be kept upon inferior, but wholesome food. All spirituous liquors
are prohibited to such prisoners unless by the direction of some respectable
ph}rsician.

Sec. 9. It shall be the duty of the keeper of the jail, in every county within
this State, to receive into his custody any prisoner or prisoners who may be, from
time to time, committed to his charge under the authority of the United States, and
to keep safely every such prisoner or prisoners, according to the warrantor precept
of such commitment, until he or they shall be discharged by due course of the laws
of the United States.

Sec 10. The keeper of every jail aforesaid, shall be subject to the same pains
and. penalties, for any neglect or failure of duty herein, as he would be subject to,
by the laws of this State, for the like neglect or failure in the case of a prisoner
committed under the authority of the said laws : Provided, always, That the United
States do pay, or cause to be paid, for the use and keeping of such jails, at the rate
of fifty cents per month, for each person that shall, under their authority, be com-
mitted thereto, and also to the jailer such fees as he would be entitled to for like
services rendered, in virtue of the existing laws of this State, during the time such
prisoner shall be therein confined ; and moreover, do support such of the said pris-
oners as shall be committed for offences.

Sec 11. Whenever the sheriff of any county in this State shall be of opinion
that the jail of his county is insufficient to secure the prisoners that shall be confined

298 JAILS AND JAILERS.

therein, it shall be his duty to give notice thereof to the county, commissioners'
court of such county ; and also, whenever any sheriff shall have in his custody
any person or persons charged with any capital offence or other high crime against
the laws of this State, and the jail of the county shall be insufficient, or if there
shall be no jail in his county, he may, by and with the advice and direction of
any of the judges of the circuit or supreme court, or of any two justices of the
peace of his county, employ a guard sufficient for the guarding and the safe-keeping
of such prisoner or prisoners in his own county, the said guard not to exceed, how-
ever, in any instance, more than three persons. The expenses of said guard to be
audited and paid as other county expenses.

Sec. 12. It shall be lawful for the sheriff of any county in this State, when
there shall happen to be no jail, or when the jail of such county shall be insuffi-
cient, to commit any person or persons in his custody, either on civil or criminal
process, to the nearest jail of some other county, in the same circuit ; and it is hereby
made the duty of the sheriff or keeper of the jail of said county, to receive such
person or persons so committed as aforesaid, and him, her or them, safely keep,
subject to the order or orders of the circuit judge for the said circuit.

Sec 13. It shall be the duty of the sheriff so committing any person or persons
as aforesaid, for any criminal offence, forthwith to notify the circuit judge for the
circuit where such person or persons, so committed is, or are to be tried, of the
committing of such person or persons to the jail of such other county ; and transmit
at the same time to such circuit judge a copy of the cause of the caption and deten-
tion of such person or persons. Whereupon, it shall be the duty of such circuit
judge, within fifteen days next preceding the first day of the circuit court of the
county, where such person or persons is or are to be tried, to issue a writ or writs
of habeas corpus, directed to the sheriff or keeper of the jail of the county where
such person or persons is or are committed, commanding him or them to have the
body or bodies of such person or persons thus committed, together with the day and
cause of his or their caption and detention, before the circuit court of the said county
for the trial of such offences, on the first day of their next term of the said court ;
and it shall be the duty of the said sheriff or keeper of the jail to bring or cause to
be brought, the said person or persons, thus committed as aforesaid, on the day and
at the place mentioned in the said writ. And any sheriff or keeper of the jail as
aforesaid, failing or neglecting to make return as aforesaid, and to bring the bedy or
bodies of said person or persons according to the command of the said writ, shall be
deemed guilty of a contempt of the said court, and shall be liable to be attached and
committed to the jail of the said county, there to remain without bail or mainprize
until he shall obey such writ : And shall moreover forfeit to the prisoner or party
aggrieved, a sum not exceeding five hundred dollars, to be apportioned according to
the nature, aggravations and circumstances of the case, and the injury which the
party aggrieved may sustain thereby, to be recovered by the prisoner or party ag-
grieved, in an action on the case founded upon this statute ; and the said sheriff or
keeper of the jail, may also, in the direction of the said court, be removed from office,
and rendered incapable of holding or executing the same thereafter. The sheriff
for committing any prisoner as aforesaid, or for executing any writ of habeas corpus
under this chapter, shall be entitled to the like fees as are provided by law for
similar services.

Sec 14. In all cases where a person is committed from another county, for a
criminal offence under this chapter, such county or the prisoner shall pay the ex-

JOINT RIGHTS AND OBLIGATIONS. 299

penses, in the same manner as if the commitment had been in the county where the
offence was committed. And in civil suits, the plaintiff or defendant shall pay the
expenses in the same manner as if the imprisonment had taken place in the same
county where the suit was commenced.

Sec. 15. The sheriff may be imprisoned in the jail in his own county, and for
the time that he shall be confined within the walls of the prison, the coroner shall
have the custody, rule, keeping and charge of the said jail, and shall by himself and
his securities be answerable for the faithful discharge of his duties in that office.

Approved: March 3, 1845.

CHAPTER LVI.

JOINT RIGHTS AND OBLIGATIONS.

Section i Section

1. Estate of joint tenants, how to pass; who to be 2. Penalty for injuring property held in joint ten -

tenants in common, in case of death of any ancy.

party. 3. Joint obligations, how construed.

Section 1. If partition be not made between joint tenants, the parts of those
who die first shall not accrue to the survivor or survivors, but descend or pass by
devise, and shall be subject to debts, dower, charges, &c, or transmissible to ex-
ecutors or administrators, and be considered to every intent and purpose, in the
same view as if such deceased joint tenants had been tenants in common.

Sec 2. If any person shall assume and exercise exclusive ownership over,
or take away, destroy, lessen in value, or otherwise injure or abuse any property
held in joint tenancy, tenancy in common or co-parcenery, the party aggrieved shall
have his action of trespass or trover, for the injury in the same manner, as he
would have if such joint tenancy, tenancy in common, or co-parcenery did not exist.

Sec 3. All joint obligations and covenants shall hereafter be taken and held
to be joint and several obligations and covenants.

Approved : March 3, 1845.

CHAPTER LVII.
JUDGMENTS AND EXECUTIONS.

Section

1. What property subject to execution ; judgment,

how long a lien on real estate ; proviso, that
execution be issued in one year, unless party
~ restrained by injunction ; term "real estate,"

defined.

2. Death of defendant before issue of execution,

not to defeat right of plaintiff in certain cases.

3. Holders of certificates of land subject to pro-

visions hereof.

4. Interest on judgments may be collected.

5. Execution may issue to any county.

6. Whan judgment is for tort, execution may issue

against the body.

7. Execution not to issue against heir, &c, unless

he be in some default.

8. Execution, when returnable ; when execution

may bind personal property, duty of sheriff as
to time.

9. Plaintiff may elect what jropertyto take; ex-

ception.

10. Division of property to be made, in selling, if

advantageous.

11. Mode of selling lands prescribed; sheriff; how

punished for neglect of duty ; sale to be valid.

12. On sale of lands, sheriff to give certificate of

sale ; to file duplicate ; certificate to be evidence.

13. Defendant, his heirs, &c, may redeem in one

year from time of sale.

14. Judgment creditor may redeem in fifteen months,

by paying ten per cent, interest, and have land
sold again on his execution.

15. Redeeming creditor considered as bidder; oth-

ers may bid; lights of respective creditors.

16. The whole or a part of lands sold may be re-

deemed .

17. Sheriff's commission; certificate where filed.

IS. Certificate assignable by indorsement ; purcha-
ser, or holder of certificate entitled to deed if
land be not redeemed.

19. Form of deed.

20. In case of assignment of certificate.

21. Deed, what considered evidence of ; rights un-

der it.

Section

22. Duties of officer selling specifically enjoined.

23. Scire facias, mortgage may be foreclosed by;

proceedings in such cases ; service, appear-
ance, trial, judgment, cost, &c, and their in-
cidents ; no other than mortgaged property
liable to execution.

24. Lands sold under mortgage may be redeemed in

the same manner as lands sold on execution.

25. Secret liens provided against ; officer attaching,

to file certificate thereof, in recorder's office.

26. Duty of officer ; when lien to operate.

27. Duty of recorder to record certificate; fee there-

for.
2S. Form of sheriff's certificate.

29. Notice of sale to be given.

30. Defendant in execution may retain property lev-
ied on, by giving bond.

If property not forthcoming, sheriff may levy
on property of defendant and his security;
no other delivery bond allowed.

Necessary wearing apparel of every person ex-
empt from execution.

33. Property of head of family, what exempt from

execution.

34. If head of family die, or be absent, family to

have same rights, &.c.

35. Officer levying on property exempt, subject to

penalty.

36. Exception as to executions issued by magis-

trates.

37. If defendant in execution die after judgment,

how plaintiff to proceed.
33. If no property be found, plaintiff' may have gar-
nishee process, &c.

39. Defect in proceedings, bow cured.

40. Death of plaintiff; proceedings in case of.

41. Lien on property, not discharged by death of

creditor.

42. Executors and administrators of deceased plain-

tiff; may bid off' property, to secure claim.

43. "Property law" of January 6, 1843, not dis-

turbed.

31.

32.

Section 1. All and singular the goods and chattels, lands, tenements and real
estate of every person against whom any judgment has been, or hereafter shall be
obtained, in any court of record, either at law or in equity, for any debt, damages,
costs, or other sum of money, shall be liable to be sold upon execution to be issued
upon such judgment, and the said judgment shall be a lien on such lands, tene-
ments and real estate, from the last day of the term of the court in which the
same may be rendered, for the period of seven years ; Provided, That execution
be issued at any time within one year on such judgment, and from and after the
said seven years, the same shall cease to be a lien on any real estate, as against bona
fide purchasers, or subsequent incumbrances by mortgage, judgment or otherwise :

JUDGMENTS AND EXECUTIONS. 301

Provided, That in case the party in whose favor any such judgment shall have been
entered, shall be restrained by injunction out of chancery, or order of any judge or
court, either from issuing execution, or selling thereon, the time which he shall be
so restrained shall not be deemed or considered as any part of the said seven years.
The term "real estate" in this section shall be construed to include all interest of
the defendant or any person to his use, held or claimed by virtue of any deed, bond,
covenant or otherwise, for a conveyance, or as mortgagee or mortgagor of lands in
fee, for life or for years.

Sec. 2. When any judgment shall have become a lien as aforesaid, and the de-
fendant happen to die before execution shall have been issued thereon, the remedy
of the person in whose favor the said judgment shall have been rendered, shall
not be delayed or suspended by reason of the non-age of any heir or heirs of such
defendant ; but no execution shall issue upon such judgment, until the expiration
of one year after the death of such defendant ; nor shall any previous law of
this State, which gives no preference to the claims of a creditor of a deceased
debtor, be so construed as to impair or affect the lien of any judgment as aforesaid.

Sec 3. The legal holder or holders by record, of any certificate of purchase of
lands from the United States, shall be deemed to be within the true intent and
meaning of this chapter.

Sec 4. In all executions to be issued upon judgments hereafter to be recovered
upon contracts either express or implied, it shall be lawful to direct the collection
of interest on the said judgment from the time of recovering the same until paid,
at the rate of six per centum per annum.

Sec 5. It shall be lawful for the party in whose favor any judgment as afore-
said may be obtained, to have execution in the usual form, directed to any county
in this State, against the goods, chattels, lands and tenements of such party defen-
dant, or upon his body when the same is authorized by law, provided that no exe-
cution shall issue against the body of such debtor, except as is provided in chapter
fifty-two of the Revised Statutes.

Sec 6. Nothing herein shall restrain or prevent any execution from being is-
sued against the body of any defendant, where the judgment shall have been ob-
tained for a tort or trespass committed by such defendant.

Sec 7. No execution shall be issued against the body, or against the goods,
chattels, lands and tenements of any heir, executor or administrator, unless such
person shall have made his estate liable to the same debt by false pleading or oth-
erwise.

Sec 8. All executions shall be made returnable ninety days after date, and no
writ of execution shall bind the property of the goods and chattels of any person
against whom such writ shall be issued, until such writ shall be delivered to the
sheriff or other officer, to be executed ; and for the better manifestation of the said
time, the sheriff or other officer shall, on the receipt of every such writ, indorse
upon the back thereof, the hour, day of the month and year, when he received the
same.

Sec 9. The plaintiff in execution, may elect on what property he will have the
same levied, except the land on which the defendant resides, and his personal pro-
perty, which shall be last taken in execution, excepting and reserving, however,
to the defendant in execution, such property as is, or may be, by law, exempt from
execution.

302 JUDGMENTS AND EXECUTIONS.

Sec. 10. When any property, real or personal, shall be taken in execution, if
such property be susceptible of division, it shall be sold in such quantities as may
be necessary to satisfy such execution and costs.

Sec 1 1 . No lands or tenements shall be sold by virtue of any execution aforesaid,
unless such sale be at public vendue, and between the hours of nine in the mora-
ine and the setting of the sun of the same day, nor unless the time and place of
holding such sale shall have been previously advertised, for the space of twenty
days, by putting up written or printed notices thereof, in at least three of the most
public places in the county where the lands may be situated, specifying the name of
the plaintiff and defendant in the execution, and in all which notices, the lands or
tenements to be sold shall be described with reasonable certainty, by setting forth
their number, or by some other appropriate description ; and if any sheriff or other
officer shall sell any lands or tenements by virtue of any such execution, otherwise
than in the manner aforesaid, or without such previous notice, the sheriff, or other
officer, so offending, shall, for every such offence, forfeit and pay the sum of fifty
dollars, to be recovered with costs of suit, in any court of record in this State, by
the person whose lands may have been advertised for sale : Provided., however.
That no such offence, nor shall any irregularity on the part of the sheriff or other
officer having the execution, be deemed to affect the validity of any sale made
under it, unless it shall be made to appear that the purchaser had notice of such ir-
regularity.

Sec. 12. Whenever any lands or tenements shall be sold by virtue of any
execution, it shall be the duty of the sheriff or other officer, instead of executing a
deed for the premises sold, to give to the purchaser or purchasers of such land or
tenements a certificate in writing describing the lands or tenements purchased,
and the sum paid therefor, or if purchased by the plaintiff in the execution, the
amount of his bid, and the time when the purchaser will be entitled to a deed for
such lands or tenements, unless the same shall be redeemed, as is provided in this
chapter, and such sheriff or other officer shall, within ten days from such sale, file
in the office of the recorder of the county, a duplicate of such certificate, signed
by him : and such certificate, or a certified copy thereof, shall be taken and deemed
evidence of the facts therein contained.

Sec 13. It shall be lawful fcr any defendant, his heirs, executors, administra-
tors or grantees, whose lands or tenements shall be sold, by virtue of any execu-
tion within twelve months from such sale, to redeem such lands or tenements, by
payino- to the purchaser thereof, his executors, administrators or assigns, or to
the sheriff or other officer who sold the same, for the benefit of such purchaser,
the sum of money which may have been paid on the purchase thereof, or the
amount given or bid, if purchased by the plaintiff in the execution, together with
interest thereon at the rate of ten per centum from the time of such sale, and on
such sum being made as aforesaid, the said sale and the certificate thereupon gran-
ted shall be null and void.

Sec 14. After the expiration of twelve months, and at any time before the ex-
piration of fifteen months, from the sale of any lands or tenements under the pro-
visions of the preceding sections hereof, it shall be lawful for any judgment creditor
to redeem the same in the manner following : Such judgment creditor shall sue out
an execution upon his judgment, and place the same in the hands of the proper
officer to execute the same, and thereupon said officer shall indorse upon the back
of said execution a levy upon the land or tenements which said judgment creditor

JUDGMENTS AND EXECUTIONS. 303

may wish to redeem ; and said judgment creditor shall pay to said officer into
whose hands he shall have placed his execution as aforesaid, the amount of money
for which said premises may have been sold, with ten per centum per annum inter-
est thereon, from the date of such sale for the use of the purchaser thereof, his
executors, administrators or assigns, upon payment of which, said officer shall file
in the recorder's office of the county in which said lands are situated, a certificate
of the redemption thereof by said judgment creditor under said execution, and
shall advertise and offer the same for sale under and by virtue of said execution,
in the same manner that other lands are required to be advertised and exposed to
sale on execution in other cases.

Sec. 15. Any judgment creditor, having so redeemed such lands, shall be con-
sidered as having bid at such sale the amount of said redemption money so paid by
him, and interest thereon from the date of such redemption to the day of sale ; and
if no bid greater than said amount shall be offered, the lands shall be struck off and
sold to such judgment creditor or creditors, and a deed thereof shall forthwith be
executed by such officer to such creditor or creditors, and no other redemption
shall be allowed ; but if another and higher bid shall be made therefor, and the said
lands sold for more than the amount of said redemption money and interest as last
aforesaid, the excess over and above the amount of the same shall be applied as a
credit on the execution under which the redemption shall have been made, and
a certificate of purchase shall be executed to the new purchaser in the manner
hereinbefore prescribed, for a deed of said land so sold within sixty days, from the
date of such sale, unless the same shall be redeemed in the meantime in the man-
ner herein prescribed by some other judgment creditor ; and if said lands shall be
redeemed from said second purchaser, the same shall be done in the same manner and
upon the same terms, and the officer shall proceed in the same mode to offer the
said lands for sale as is hereinbefore required in case of the first redemption ; and
such lands may be successively redeemed within every period of sixty days, so long
as there shall be a judgment creditor disposed to redeem the same, on the terms and in
the manner aforesaid ; and after the lapse of any period of sixty days without re-
demption, it shall be the duty of the officer who last sold such lands on the execu-
tion under which the same shall have been last redeemed, or his successor in office,
to execute a deed for the lands so sold to the last purchaser, in like manner as
other deeds for lands sold on execution are made.

Sec. 16. Any judgment creditor or creditors may redeem the whole or any part
or portion of the lands or tenements previously sold upon execution : Provided,
Such redemption shall be made in the like distinct quantities or parcels in which the
same were sold.

Sec. 17. No commission upon the amount of the redemption money paid in any
case shall be allowed to the officer receiving the same, but the usual commission
shall be allowed the officer selling said premises on the excess made over and above
the amount of said redemption money and interest ; the duplicate copy of the cer-
tificate of purchase required in the twelfth section hereof, shall be hied in the office
of the recorder of the county in which the lands so sold under execution shall be
situated.

Sec. 18. Every certificate which shall be given by any officer to any purchaser
under the provisions of this chapter, shall be assignable by indorsement thereon,
under the hand of such purchaser or purchasers, his, her or their heirs, executors,
administrators or assigns ; and every person to whom the same shall be so assigned

304 JUDGMENTS AND EXECUTIONS.

shall be entitled to the same benefits therefrom in every respect that the person
therein named would have been if the same had not been assigned ; and in case the
lands mentioned in such certificate shall not be redeemed in pursuance of law, shall
be entitled to a deed therefor.

Sec. 19. The deed to be executed by the officer to the purchaser under the
provisions of this chapter, shall contain a statement of the judgment upon which the
lands therein described were sold, and of the date of the execution, and may be in
the following form :

"Whereas, A. B. did at the term of the circuit court for the county of
(as the case may be) recover a judgment against C. D., for the sum of and

costs of suit, upon which judgment an execution was issued, dated on the day

of A. D., 13 , directed to to execute, and by virtue of said execu-

tion the said levied upon the lands hereinafter described, and the same

were struck off and sold to he being the highest and best bidder therefor,

and the time and place of the sale thereof having been duly advertised according to
law. Now, therefore, know all by this deed, that I, of said county of

in consideration of the premises, have granted, bargained and sold, and do hereby
convey to the said his (her or their) heirs and assigns, the following de-

scribed tract or tracts of land, (here describe the lands,) to have and to hold the
said described premises with all the appurtenances thereto belonging, to the said
his heirs and assigns forever. Witness my hand and seal this day
of in the year of our Lord one thousand eight hundred and . [l. s.]"

Sec. 20. If the purchaser shall have assigned his certificate of purchase, then
there may be inserted after the word "law" in the foregoing form in substance as
follows : "And the said having duly assigned his certificate of purchase

to," (as the case may be.)

Sec. 21 . Any deed so executed shall be evidence that the provisions of the law
in relation to sales of lands upon execution were complied with until the contrary
shall be shown, and such deed shall be considered as conveying to the grantee
therein named, all the title, estate and interest of the defendant or defendants in the
execution therein named, in and to the lands thereby conveyed, of whatsoever nature
the same may be ; but such deed shall not be construed to contain any covenant
upon the part of the officer executing the same.

Sec 22. If such lands or tenements so sold, shall not be redeemed as aforesaid,
either by the defendant or by such creditor as aforesaid, within fifteen months from
the time of such sale, it shall be the duty of the sheriff or other officer, who sold
the same, or his successor in office, or his executors or administrators, to complete
such sale, by executing a deed to the purchaser ; and if any creditor shall redeem
such lands or tenements as aforesaid, it shall be the duty of the sheriff, or other
officer, on the expiration of fifteen months from the time of such sale, to execute a
deed to such creditor as the original purchaser ; and such deeds shall be as valid
and effectual in law, as if such creditor had been the original purchaser.

Sec 23. If default be made in the payment of any sum of money, secured by
mortgage on lands and tenements, duly executed and recorded, and if the payment
be by instalments, and the last shall have become due, it shall be lawful for the mort-
gagee, his executors or administrators, to sue out a writ of scire facias from the
clerk's office of the circuit court of the county in which the said mortgaged prem-
ises may be situated, or any part thereof, directed to the sheriff or other proper
officer of such county, requiring him to make known to the mortgagor, or if he be

JUDGMENTS AND EXECUTIONS. 305

dead, to his heirs, executors or administrators, to show cause if any they have, why
judgment should not be rendered for such sum of money as may be due by virtue -of
said mortgage ; and upon the appearance of the party named as a defendant in said
writ of scire facias, the court may proceed to judgment, as in other cases : but if
said scire facias be returned nihil, or that the defendant is not found, an alias
scire facias may be issued ; and if it be returned as aforesaid, or if the defendant
appear and plead, or make default, the court may proceed to give judgment with
costs, for such sum as may be due by said mortgagee, or appear to be due by the
pleadings, or after the defence, if any be made ; and also, that said mortgaged prem-
ises be sold to satisfy such judgment, and may award or direct a special writ of
fieri facias, for that purpose, to the county or counties in which said mortgaged
premises may be situate, and on which the like proceedings may be had, as in other
cases of execution levied upon real estate : Provided, however, That the judgment
aforesaid shall create no lien on any other lands or tenements than the mortgaged
premises, nor shall any other real or personal property of the mortgagor be liable to
satisfy the same; but nothing herein contained shall be so construed as to affect any
collateral security given by the mortgagor, for the payment of the same sum of
money or any part thereof, secured by the mortgage deed.

Sec. 24. In all cases hereafter, where lands shall be sold under and by virtue of
any decree of a court of equity, for the sale of mortgaged lands, it shall be lawful for
the mortgagor of such lands, his heirs, executors, administrators or grantors to redeem
the same in the manner prescribed in this chapter, for the redemption of lands sold
by virtue of executions issued upon judgments at common law, and judgment cred-
itors may redeem lands sold under any such decree in the same manner as is pre-
scribed for the redemption of lands, in like manner sold upon executions issued upon
judgments at common law.

Sec. 25. When a writ of attachment or a writ of execution is issued from the
circuit court of one county, to any sheriff or other officer of another county, and
levied upon any real estate in such county, it shall be the duty of the officer making
such levy, to make a certificate thereof, and file the same in the recorder's office of
the county where such real estate is situated ; and until the filing of such certificate,
such levy shall not take effect as to creditors or bona fide purchasers without notice.

Sec 26. When a writ of attachment is levied upon any real estate, in any case,
it shall be the duty of the officer making the levy, to file a certificate of such fact
with the recorder of the county where such land is situated ; and from and after
the filing of the same, such levy shall take effect as to creditors and bona fide pur-
chasers without notice, and not before.

Sec 27. It shall be the duty of the recorder of the proper county, to file and
record the certificates mentioned in the foregoing sections, in a book to be kept for
that purpose ; for which he shall be entitled to receive the same fees as for record-
ing other papers, to be paid by the plaintiff, in such execution or attachment, and be
taxed and collected by the sheriff as other costs.

Sec 28. Such certificate may be in substance in the following form :

" State of Illinois, t

County, \ * I do hereby certify that by virtue of a certain writ

of to me directed, from the circuit court of county, in favor of

against dated 184 . I did on this day of 184 , levy upon the

following real estate: (here describe it.) A. B., sheriff of county,

(or coroner as the case may be.)

20

306 JUDGMENTS AND EXECUTIONS.

Sec. 29. No goods or chattels shall be sold by virtue of any execution aforesaid,
unless previous notice of such sale shall have been given, for at least ten days
successively, by putting up written or printed notices thereof, in three of the most
public places in the county where such sale is to be, specifying the time and place
where such goods and chattels are to be sold.

Sec. 30. Whenever a sheriff or other officer shall have levied an execution
issued out of any court of record upon the personal property of a defendant, or shall
be about to make such levy, and the defendant be desirous of retaining the same in
his possession, such sheriff shall take a bond from such defendant with security
that the property shall be forthcoming or delivered, at such time and place, as shall
be named in the condition, and that the same shall not be disposed of nor injured,
and a bond so taken shall not be considered void, as taken by color of office.

Sec. 31. Where bonds shall betaken by a sheriff, for the forthcoming and
delivery of property, and the defendant or his security shall not return the
property named in the said bond conformably to the condition thereof, the officer
having such execution, may proceed to execute the same in the same manner as if
no levy had been made ; and in case the defendant's property, or a sufficiency
thereof, can not be found, the officer may proceed to levy on so much of the proper-
ty of the security in the delivery bond as will make the amount called for in such
bond, and the property which may be so taken, may be sold by giving notice thereof
as prescribed in section twenty-nine of this chapter, and no fiflure delivery bond
shall be allowed.

Sec 32. The necessary wearing apparel of every person shall be exempt from
execution, writ of attachment and distress fur rent.

Sec 33. The following property, when owned by any person being the head of
a family and residing with the same, shall be exempt from levy and sale on any ex-
ecution, writ of attachment, or distress for rent ; and such articles of property shall
continue so exempt while the family of such person, or any of them, are removing
from one place of residence to another in this State, viz : First, necessary beds, bed-
steads and bedding; the necessary utensils for cooking ; necessary household furni-
ture, not exceeding in value fifteen dollars ; one pair of cards, two spinning wheels,
one weaving loom and appendage ; one stove and the necessary pipe therefor, being
in use, or put up for ready use, in any house occupied by such family. Second, one
milch cow and calf, two sheep for each member of the family, and the fleeces taken
from the same, or the fleeces of two sheep for each member of a family which may
have been purchased by any debtor not owning sheep, and the yarn aud cloth that
may be manufactured from the same, and sixty dollars' worth of property, suited to
his or her condition or occupation in life, to be selected by the debtor. Third, ne-
cessary provisions and fuel for the use of the family for three months, and neces-
sary food for the stock hereinbefore exempted from sale, or that may be held under
the provisions of this chapter.

Sec 34. Whenever, in any case, the head of a family shall die, desert, or cease
to reside with the same, the said family shall be entitled to, and receive all the ben-
efits and privileges which are in this chapter conferred upon the head of a family
residing with the same.

Sec 35. If any officer, by virtue of any execution or other process, or any
o'dier person, by any right of distress, shall take or seize any of the articles of
propjrty hereinbefore exempted from levy and sale, such officer or person shall be

JUDGMENTS AND EXECUTIONS. 30V

v

liable to the party injured for three times the value of the property illegally taken
or seized, to be recovered by action of trespass, with costs of suit.

Sec. 36. Nothing contained in this chapter shall apply to judgments rendered
and executions issued by justices of the peace, excepting such as relate to executions
levied upon personal property.

Sec 37. Whenever a judgment has been or may hereafter be obtained in any
court of record of this State, against any person or persons, who has or shall after
the rendition of said judgment, die, it shall be lawful for execution to issue against
the lands and tenements of said deceased person or persons, without first reviving
the judgment against their heirs or legal representatives : Provided, however, The
plaintiff or plaintiffs in execution, or his or their attorney, shall give to the execu-
tor or administrator, if there be any, of said deceased person or persons, at least
three months' notice in writing, of the existence of said judgment before the issuino-
of execution : And provided further, That no execution shall issue until after the
expiration of twelve months from the death of such deceased person or persons.

Sec. 38. Whenever a judgment shall be rendered by any court of record, or
any justice of the peace, in this State, and an execution against the defendant or de-
fendants in said judgment shall be returned by the proper officer, "no property
found," on the affidavit of the plaintiff, or other credible person, being made before
the clerk of said^ourt, or justice of the peace, that said defendant or defendants
have no property within the knowledge of such affiant, in his or their possession,
liable to execution; and that such affiant hath just reason to believe that another
person or persons is or are indebted to such defendant or defendants, or hath or have-
any effects or estate of such defendant or defendants in his or their hands, it shall be
lawful for said court, or justice of the peace, to cause the person or persons sup-
posed to be indebted to, or supposed to have any of the effects or estate of the said
defendant or defendants, to be summoned forthwith to appear before said court or
justice, as a garnishee or garnishees ; and said court, or justice of the peace, shall
examine and proceed against such garnishee or garnishees, in the same manner as
is required by law against garnishees in original attachments.

Sec 39. No proceedings against a garnishee or garnishees shall be quashed or
set aside, or said garnishee or garnishees discharged on account of any insufficiency
of the original affidavit or summons, if the plaintiff or plaintiffs, or other credible
person, for him, shall cause a legal and sufficient affidavit to be filed, or the sum-
mons to be amended in such time and manner as the courts or justices of the peace
shall, respectively, in their discretion direct; and in that event, the cause shall pro-
ceed as if such proceedings had originally been sufficient.

Sec 40. The collection of the judgments of courts of record shall not be delayed
or hindered by the xleath of the plaintiff or person in whose name the judgment shall
exist ; but the executor or administrator, as the case may be, may cause the letters
testamentary or of administration to be recorded in the court in which the judgment
exists ; after which, execution may issue and proceedings be had thereon in the
name of the executor or administrator, as such, in the same manner that could or
might be done or had, if the judgment exists and remains in the name and in favor
of the executors or administrators, in his, her or their capacity as such executor or
administrator.

Sec 41. The lien created by law on property shall not abate or cease by reason
of the death of any plaintiff or plaintiffs ; but the same shall survive in favor of the-

308

JURORS.

executor or administrator of the testator or intestate, whose duty it shall be to have
(he judgment enforced in manner aforesaid.

Sec. 42. When it shall be necessary in order to secure the collection of any
judgment in favor of any executor or administrator, it shall be the duty of such ex-
ecutor or administrator to bid for and become the purchaser of real estate at sheriff's
sale ; which real estate so purchased shall be assets in his hands, and may be again
sold by him upon the order of the court of probate, and the moneys arising from
such sale paid over and accounted for as other moneys in his hands.

Sec 43. Nothing contained in this chapter shall be construed so as to repeal
or affect in anywise, the operation of an act entitled "An act regulating the sale of
property on judgments and executions," approved, January 6, 1843.

Approved : March 3, 1845.

CHAPTER LVIII.

JURORS.

Section

1. Who competent to be jurors; who incompe-

tent.

2. Grand jury, how selected and summoned.

3. Foreman; his duties in swearing witnesses,

rinding bills, &c.

4. Form of oath of foreman and other grand jurors.

5. On what evidence presentments may be made.

6. Petit jury, how selected and summoned.

7. When court sits two weeks, forty-eight petit

jurors to be selected.

8. Duty of clerk in impanneling jury.

9. Sheriff to summon jury and make proper re-

turns ; penalty for neglecting.
10. If sufficient jurors do not attend, talesmen may
be taken.

Section

11. Jurors, how punished for non-attendance.
12.. In case of sickness, &c, juror may be 'dis-
charged.

13. Jurors, how summoned for special term of

court.

14. County commissioners' court may select ju-

rors lor special term.

15. Rotation of service to be observed.

16. Compensation of grand and petit jurors.

17. Compensation of talesmen.

18. Clerk to certify service of jurors.

19. Jury fees, how collected, and appropriated.

20. Fees of jurors in cases tried in inferior courts.

21. Fees of jurors on coroner's inquest, and how

paid.

Section 1. All free white male taxable inhabitants in any of the counties in
this State, being natural born citizens of the United States, or naturalized according
to the constitution and laws of the United States, and of this State, between the
ages of twenty-one and sixty years, not being judges of the supreme or circuit
court, county commissioners, judges of probate, clerks of the circuit or county com-
missioners' court, sheriffs, coroners, postmasters, licensed attorneys, overseers of
the high way, or occupiers of mills, ferries, toll-bridges or turnpike roads, being of
sound mind and discretion, and not subject to any bodily infirmity, amounting to a
disability, shall be considered and deemed as competent persons, (except in cases
where legal disabilities may be imposed for the commission of some criminal of-
fence,) to serve on all grand and petit juries, in and for the bodies of their coun-
ties respectively.

Sec. 2. It shall be the duty of the county commissioners' court in each of the
counties in this State, wherein a circuit court is directed to be holden, at least

JURORS. 309

twenty days before the sitting of such court, to select twenty three persons, pos-
sessing the qualifications aforesaid, and as nearly as may be a proportionate number
from each township in their respective counties, and to cause their clerk, within
five days thereafter, to issue and deliver to the sheriff, or if there be no sheriff, or
he be disqualified, then to the coroner of the county wherein the court is to be
held, a summons, commanding him to summon the persons so selected as aforesaid,
to appear before the said circuit court, at or before the hour of eleven o'clock, A.
M., on the first day of the term thereof, to serve as grand jurors, any sixteen of
whom shall be sufficient to constitute a grand jury ; which said summons shall be
served at least five days before the sitting of the court, either by reading it to the
person to be summoned, or by leaving an attested copy thereof a', his last usual
place of abode.

Sec. 3. After the grand jury is impanneled, it shall be the duty of the court
to appoint a foreman, who shall have power to swear or affirm witnesses to testify
before them: end whose duty it shall be, when the grand jury, or any twelve of
them, find a bill of indictment, to be supported by good and sufficient evidence, to
indorse thereon " a true bill; " and when they do not find a bill to be supported
by sufficient evidence, to indorse thereon " not a true bill ; " and shall in either
case, sign his name as foreman, at the foot of said indorsement ; and shall also in
each case in which a true bill shall be returned into court as aforesaid, note thereon
the name or names \>f the witness or witnesses, upon whose evidence the same shall
have been found.

Sec 4. Before the grand jury shall enter upon the discharge of their duties,
the following oath shall be administered to the foreman, to-wit : " You, as foreman
of this inquest, do solemnly swear, (or affirm, as the case may be,) that you will
diligently inquire into, and true presentment make of all such matters and things as
shall be given you in charge, or shall otherwise come to your knowledge touching
the present service ; you shall present no person through malice, hatred or ill will;
nor shall you leave any unpresented through fear, favor or affection, or for any fee
or reward, or for any hope or promise thereof; but in all your presentments, you
shall present the truth, the whole truth, and nothing but the truth, according to the
best of your skill and understanding : So help you God.'1 And the following oath
or affirmation shall be administered to the other jurors, to-wit : "The same oath
that A. B., your foreman, has just taken before you on his part, you and each of
you shall well and truly keep and observe on your respective parts : So help you
God. "

Sec. 5. No grand jury shall make presentments of their own knowledge, upon
the information of a less number than two of their own body, unless the juror
giving the information is previously sworn as a witness, in which case, if the evi-
dence shall be deemed sufficient, an indictment may be found thereon, in like man-
ner as upon the evidence of any other witness, who may not be of the jury.

Sec 6. It shall also be the duty of the county commissioners' court in each of
the counties in this State, wherein a circuit court is directed to be held as aforesaid,
at least twenty days before the sitting of such court as aforesaid, to select twenty-
four persons possessing the qualifications aforesaid, who shall compose and consti-
tute two full petit juries, to serve as such at the next succeeding term of the
circuit court, in each county respectively, to be summoned in like manner as is
hereinbefore directed in the case of grand juries.

:no JURORS.

Sec. 7. The county commissioners' courts of the several counties in which the
circuit courts are allowed to sit two wTeeks, are authorized to select forty-eight
qualified jurymen, to serve as petit jurors during the term of the circuit court,
twenty-four of whom shall be selected to serve during the first week of the court,
and summoned to attend on the first day of the term; and twenty-four shall be
selected to serve during the second week of the term, and summoned to attend on
the second Monday of the term.

Sec 8. It shall be the duty of the clerk of the circuit court at the commence-
ment of each term, to write the name of each petit juror on a separate ticket, and
put the whole into a box or other place for safe keeping ; and as often as it shall be
necessary to impannel a jury, the clerk, sheriff or coroner shall, in the presence
of the court, draw by chance, twelve names out of such box or other place, which
shall designate the twelve to be sworn on the jury, and in the same manner for the
second jury, in their turn, as the court may, from time to time, order and direct.

Sec 9. In all cases where any sheriff or other officer shall be commanded to
execute any summons as aforesaid, he shall be required to make return thereof on
or before the return day to the clerk who may have issued the same, with an
indorsement thereon, certifying on whom it has been executed, and the time when ;
and in default of so doing, such sheriff or other officer shall be considered as guilty
of a contempt, and may be fined for the use of the proper county, in any sum not
less than ten, nor more than fifty dollars, unless such sheriff or other officer shall
seasonably make his excuse, to the satisfaction and acceptance of the court.

Sec 10. If a sufficient number of grand or petit jurors, when selected and
summoned as aforesaid, shall not appear, or if by reason of challenges, or any other
cause, there shall not be a sufficient number of qualified persons to make up the
pannel, the court may order the sheriff* to return without delay, such number of
good and lawful men of the county as may be necessary for that purpose ; and when
the sheriff is interested, or related to either of the parties, the court may direct the
coroner, to make such return ; and if any circuit court should at any time sit be-
fore the county commissioners' court shall have made a selection of grand or petit
jurors as aforesaid, or if on any account the whole pannel in either case shall fail
to attend, the court may order the sheriff' or other officer to summon from the by-
standers, being qualified persons as aforesaid, a sufficient number to supply such
deficiency, who shall continue to serve for the remainder of the term, unless they
shall be sooner discharged by the court.

Sec 11. Every person who shall fail to attend, when lawfully summoned to
appear as a grand or petit juror as aforesaid, without having a reasonable excuse,
shall be considered as guilty of a contempt, and shall be fined by (he courts re-
spectively, in any sum not less than five nor more than twenty dollars, for the use
of the proper county, unless good cause be shown for such default, at or before
the next term of such court ; and it shall be the duty of the clerk to issue a sum-
mons against all such delinquents (where such persons shall not come in without
process) to show cause at the next succeeding term of such court, why he or they
should not be fined for such contempt; at which, or any subsequent term, the court
shall proceed to assess said fine, unless the person or persons so summoned and
failing to attend as aforesaid, shall appear and show good cause for such delinquen-
cy: Provided, That the oath er affirmation of any such delinquent shall at all times
be received as competent evidence in his favor.

JURORS. 311

Sec. 12. In case of the death, sickness or non-attendance of any grand or petit
juror after he shall have been sworn upon the jury, or where any such juror as
aforesaid, after being sworn as aforesaid, shall, for any reasonable cause, be dis-
missed or discharged, it shall be lawful for the court to cause others, if necessary,-
to be summoned and sworn in his or their stead.

Sec 13. Whenever a failure takes place to hold a regular term of any of the
circuit courts of this State, and a special term of said court is called, it shall be
the duty of the sheriff to summon, for said special term, the list of grand and petit
jurors furnished for the regular term preceding.

Sec 14. The county commissioners' courts of this State arc hereby authorized,
at any special term of their courts, to select lists of grand and petit jurors in the
manner herein provided, for any special term of the circuit courts in their respec-
tive counties.

Sec 15. It shall be the duty of the county commissioners' court to arrange and
select the grand and petit jurors as aforesaid, so that no one person shall serve on
the jury a second time, before all fit persons of the county shall have respectively
served in rotation, according to the best information that can be obtained.

Sec 16. There shall be allowed and paid to grand and petit jurors for their
services in attending circuit courts of the several counties in this State, the sum of
seventy-five cents per day, for every day necessary in attending courts as aforesaid,
as such jurors, and for every mile of necessary travel, to be computed from the
place of holding courts, to the residence of the juror, five cents per mile, to be paid
out of the county treasury, as now provided by law, for the payment of grand and
petit jurors.

Sec 17. Whenever any person shall be summoned as fahsman, to attend
any circuit court as a petit juror and shall be detained as such, longer than one dav,
such person so summoned shall be allowed mileage from the place of holding courts
to the residence of such juror, in the same manner as though such person had been
originally selected and summoned. Mileage only to be computed one way.

Sec 18. The clerk of the circuit court shall furnish to each of the jurors afore-
said, (and without fee,) whenever he shall be discharged from further service by
the court at any term thereof, a certificate of the number of days he may have at-
tended at such term, and upon the presentment thereof to the county treasurer, he
shall pay to such person the sum above provided for his services.

Sec 19. A jury fee of three dollars shall be taxed with the costs of each suit,
which, with the docket fee provided by law, shall be collected by the clerk of the
court, and paid into the county treasury, there to remain and be held as a special
fund for the payment of jurors' fees.

Sec 20. There shall be allowed to each juror in a civil case before a judge of
probate, justice of the peace or other than in a circuit court, the sum of twenty-five
cents.

Sec 21. The fee of each juror attending an inquest held over a dead body shall
be twenty-five cents, payable out of the county treasury.

Approved : March 3, 1845.

CHAPTER LIX.

JUSTICES OE THE PEACE AND CONSTABLES,

Section

1. Justices and constables, when and how elected.

2. Number to be elected in each precinct.

3. Term of office.

4. Vacancies, how filled.

5. When additional justices and constables may

be elected in certain precincts ; their terms.

6. New counties, manner of holding elections in.

7. Jurisdiction of justices and constables.

8. Justices to be commissioned by the Governor ;

constables, their authority to act.

9. To be sworn.

10. Justices to give bond; its condition; how ap-

proved, filed, and to whose use held.

11. Constable to give bond; its condition; to whom

payable, and to whose use held.

12. If justice or constable do not take oath and file

bond in twenty days, office to be vacant.

13. On the filing of bond of justice, clerk of county

commissioners court, shall transmit certifi-
cate of election to Governor.

1 4. By whom oath of office to be administered, and

certificate thereof made ; record to be kept.

15. Resignations, how made; record thereof kept.

16. If there be no constable in a precinct, any jus-

tice may appoint.

17. Cases in which justices have jurisdiction, par.

ticularly recited.

18. Jurisdiction extends to cases in which demands

have been reduced by credits.

19. Justices, when duly qualified, may collect mon-

ey-

20. Record of suits to be kept by justice.

21. Suit to commence by summons; form of ; day

of trial ; when summons to be served.

22. Warrant to arrest, may issue on oath of plain-

tiff j form of ; defendant may give bail and be
released; condition and form of bail bond;
when bail may be exonerated.

23. When cause shall be heard in absence of the de-

fendant.

24. If plaintiff fail to appear, suit to be dismissed.

25. When joint defendants are sued, and all served,

how cause to proceed, form and effect of
judgment; if debts appear to be different, how
to proceed ; separate claims, how disposed of.

26. When joint defendants are not all served, what

judgment maybe given.

27. Continuances, for what causes granted; for

what time and on what conditions.

28. When parties appear, trial to proceed; how

conducted; judgment; costs; interest.

29. Defendant sued may pay to constable the sum

due and be exonerated.

30. Evidence to be under oaih; hand- writing; dep-

ositions.

31. Denial of signature to be on oath.

32. If witness be unable to attend, his deposition

may be taken ; for which, cause may be con-
tinued.
23. If witness reside out of county, his deposition
may be taken.

Section

34. Notes, &c, purchased after commencement of

suit, not to be admitted.

35. All demands which may be consolidated, must

be introduced, if not exceeding in all, one hun-
dred dollars.

36. Subpoena, form of, service of.

37. Four witnesses only, to be named in one sub-

pcena.

38. Fees of witnesses ; how paid.

39. Party not having witness to prove particular

fact, may have testimony of adverse party, or
give his own.

40. Party desiring such testimony, to file affidavit ;

form of summons to testify.

41. If defendant do not appear and testify, plaintiff

may testify.

42. Amicable suit, without process.

43. May arbitrate; judgment to be entered on

award.

44. Either party may have jury; how called and

sworn.

45. Form of writ summoning jurors.

46. Six jurors may try right of property, unless

party desires twelve.

47. Jury must be demanded before evidence heard ;

fees of jury must be tendered.

48. If witness or juror fail to appear when sum-

moned, how punished.

49. When juror interested or absent, officer may

summon substitute.

50. Improper conduct in court, how punished.

61. When cause may be removed before another
justice.

52. Continuance ; depositions.

53. Execution to stay twenty days, unless oath be

filed that debt will be lost.

54. Execution, how issued ; on what levied; when

returnable ; form of.

55. When execution may issue to another county.
66. Duty of officer in such other county.

57. In what case, and how judgment may be made

lien on real estate.

58. Appeal to circuit court, how taken; security to

be given.

59. Form of appeal bond.

60. Bond to be filed with, and approved by justice ;

proceedings suspended, and transcript certi-
fied by justice to circuit court.

61. Or bond may be filed in circuit court, and super-

sedeas issued by clerk; appellee to be sum-
moned.

62. On the issuing and service of supersedeas, jus-

tice shall suspend proceedings and return cer-
tified transcript.

63. One ot several plaintiffs or defendants may ap-

peal.

64. Proceedings when one of several, appeals.

65. If bond be defective, party appealing may file

new bond.

66. Trial of appeals in circuit court, to proceed on

merits, without written pleadings.

JUSTICES AND CONSTABLES.

313

81.

Section

67. If it appear that justice had no jurisdiction of

the case, it may be dismissed.

68. Parties and their rights same in tiial of appeal,

as before justice.

69. Rights secured on trial of appeal.

70. Liability of security on appeal bond.

71. Execution to issue as in original cases.

72. Certiorari, writs of, by whom may be issued.

73. Certiorari not to issue after six months.

74. Bond to be given before writ issues; the writ;

duty of justice to certify transcript, &c.

75. Petition for writ of certiorari; what it shall set

forth.

76. On service of writ, proceedings to be stayed.

77. Reversal of judgment not to vitiate sale on jus-

tice's execution, but court may assess dama-
ges, &c.

78. When judgment a lien on personal, and when on

real estate.

79. Dut,- of constable on receiving execution ; levy;

notice of sale ; sale.

80. Constable may remove property ; defendant, giv-

ing-bond, may retain it; if property be not de-
livered, other property of defendant, and of se-
curity may be taken.
Dafen lant paying or tendering payment, to es-
cape costs.

82. Conitible, on return of execution, to pay money

collected, to justice ; justice to post up list of
fees ; penalty for neglect.

83. Who shall give bond for costs ; form of bond.

84. Liability of security; if bond be not given when

required, suit to be dismissed.
So. When defendant evades service, how it may be
made.

86. Justice may appoint special constable in cases

of emergency.

87. Duty of county commissioners' clerk on elec

tion of constables , duty of sheriff at terms of
court.

88. Duty of constable to apprehend offenders, sup-
press riots, and serve process.

Plaintiff in trespass or trover, on filing oath

may hold defendant to bail.
Execution may be against chattels or body of

defendant.
When defendant secretes property, he may be

hel 1 to bail.

92. If d >f ->ndant be not surrendered by special bail,

bail to be summoned; form of summons; ser-
vice ; return.

93. If party do not appear, proceedings and judg-

m nt.

94. If he appear, he may show cause for not sur-

rendering principal ; what sufficient excuse.

95. Justice may cause arrest for breach of the peace,

&c. ; try offender and impose fine.

96. His duty on rendition of verdict of jury.

97. Execution; levy; sale of property ; jwoviso.

B9.

90.

91,

99.1

100
101

104.

105.

106.

1U

Section

98. If defendant have no property, body to be taken ;
final discharge by imprisonment.

Appeal in such cases ; bond to be given ; pro-
ceeding stayed.

Verdict in circuit court; its effect.

Other person or party, dissatisfied with verdict,
may appeal ; trial and judgment in circuit
court; liability of party appealing; he shall
not be a witness on the appeal.

102. On such appeal, justice to return to circuit

court, the names of witnesses.

103. When other person appeals, defendant to be
summoned; if not found, how to proceed.

If defendant plead guilty, fine, how assessed;

judgment and execution thereon.
Prosecution barred after twelve months, unless

defendant be absent.
Justices to return list of fines assessed to clerk

of county commissioners' court ; penalty for

neglect.
Constable to pay over money collected ; penalty

for neglect ; may collect fines before execution

issued.
10S. Money to be paid to county treasurer.

109. If prosecution be malicious, prosecutor to pay

costs.

110. When docket of justice is transferred to an-

other, his duty respecting business, papers,
&c.

111. What pioperty exempt from execution.

112. If justice resign, remove or die, his docket, pa-
pers, &c, to be delivered to his successor.

Constable going out of office may complete busi-
ness in his hands.

Term, effect and construction of official bonds of
justices and constables.

115. Justice failing to deliver books, &c, to his suc-

cessor, how punished; further liability on offi-
cial bond.

116. Justice or constable refusing to pay over money,

how proceeded against; penalty.

117. How delinquent may avoid paying full penalty.

118. Constable failing to return execution at proper

time, liable on official bond; how proceeded
against.

119. On trial, certificate of official bond to be read in

evidence.

120. On judgment rendered, execution to be issued,

but property of sureties not to be taken until
that of principal be exhausted.

121. Judgment to be for full penalty of bond, execu-

tion to issue for amount due.

122. Execution to be issued on subsequent breaches

of bond; defendant to be summoned by scire
facias.

123. Securities, extent of their Uability; liability of

principal, not limited.

124. Justices and constables may appeal, &c, as in

other cases.

113.

114.

Section 1. Justices of the peace and constables shall be chosen on the first
Monday of August in each year, in the manner prescribed in the seventh and sub-
sequent sections of chapter thirty-seven, title "elections."

Sec. 2. Two justices of the peace and two constables shall be elected in each
election precinct in each county, except that precinct in which the county seat is
located, in which there shall be three justices of the peace and three constables
elected.

Sec 3. Justices of the peace and constables shall hold their offices for the term
of four years, and until their successors are elected and qualified, except in cases
herein specified.

314 v JUSTICES AND CONSTABLES.

Sec. 4. When a vacancy shall happen in the office of justice of the peace or
constable in any precinct, it shall be the duty of the clerk of the county commission-
ers' court of the county in which the vacancy shall so happen, to issue his order to
the judges of election in the district, requiring them on a certain day, not less than
twenty days from the date of such order, to hold an election to fill such vacancy,
and the said judges shall, at the time appointed in said order, hold an election to fill
such vacancy, and conduct the same, and make returns thereof, which shall be
opened, examined, abstracts thereof made and transmitted to the secretary's office,
as in other cases.

Sec 5. The county commissioners' court of any county may, when they deem
it necessary, cavise an election to be held in the precinct in which the county seat
is located, for the election of one additional justice of the peace and two constables,
who shall hold their offices until the next quadrennial election of justices of the
peace and constables, and until others are elected and qualified. At such quadren-
nial election, the whole number of justices of the peace and constables to which
each precinct is herein entitled, shall be elected.

Sec 6'. When a new county shall hereafter be created, it shall be the duty of
the court of county commissioners thereof, at their first term, to divide the same
into precincts as aforesaid, and appoint judges of election, and a time and place for
holding elections therein as aforesaid, and to cause the same to be entered of record ;
and if, from any cause, the said court shall fail or neglect the duty aforesaid, at
their said first term, it shall be their duty to hold a special term for that purpose ;
and the clerk shall make out copies of such record, and the sheriff shall post up
the same, at the places appointed for holding such elections, in each of said pre-
cincts ; and elections shall be held therein, for justices of the peace, returns thereof
made, examined and transmitted, in all respects as provided in this chapter ; and
justices of the peace so elected, shall continue in office until the next quadrennial
election of justices of the peace, and until their successors shall be elected and
qualified.

Sec 7. Justices of the peace and constables, when elected and qualified under
this chapter, shall have jurisdiction within their respective counties.

Sec 8. Justices of the peace shall be commissioned by the Governor, before
entering upon their official duties. Constables may act upon their certificates of
election, to be granted by the clerk of the county commissioners court.

Sec 9. Justices of the peace and constables shall, before entering upon the
duties of their respective offices, be sworn, faithfully to perform the duties of their
respective offices according to law and to the best of their understanding.

Sec 10. Every justice of the peace, before entering upon the duties of his
office, shall execute and deliver to the clerk of the county commissioners' court of
his county, and within twenty days after his said election, a bond, to be approved
by said clerk, with one or more good and sufficient securities in the sum of not less
than five hundred nor more, than one thousand dollars ; conditioned that he will
justly and fairly account for and pay over all moneys that may come to his hands
under any judgment or otherwise, by virtue of his said office : and that he will well
and truly perforin all and every act and duty enjoined on him by the laws of this
State, to the best of his skill and abilities. Said bond shall be made payable to the
county commissioners of the county in which such justice of the peace shall be
elected, and Jweir successors in office, for the use of the people of the State of Illi-
nois, and s&d$bbe held for the security and benefit of all suitors and others, who

JUSTICES AND CONSTABLES. 315

may be injured or aggrieved by the official acts or misconduct of such justice of the
peace.

Sec. 11. Every constable, before he shall enter upon the duties of his office,
shall execute and deliver to the clerk of the county commissioners' court of the
proper county, a bond to be approved by said clerk, with one or more good and
sufficient freeholders as his securities, in the sum of one thousand dollars, condi-
tioned that he will faithfully discharge the duties of his office of constable; and that
he will justly and fairly account for, and pay over all moneys that may come to his
hands, under any process or otherwise, by virtue of his office ; the said bond shall
be made payable to the county commissioners of the county in which such consta-
ble shall be appointed, and their successors, for the use of the people of the State
of Illinois, and shall be held for the security and benefit of all suitors and other
persons who may be interested in, or become injured by the official conduct of such
constable.

Sec 12. If any justice of the peace or constable shall not, within twenty days
after his election or appointment, take the oath, and give bond as aforesaid, the said
justice or constable shall not be permitted after that time to be so qualified, or to
take his said office ; but the said office shall be considered as vacant, and shall be
filled accordingly.

Sec 13. It shall be the duty of the clerks of the county commissioners' courts
of the several counties in this State, upon the execution and filing bond as aforesaid2
by any justice of the peace, to make out a certificate of the execution and filing
thereof, under the seal of his office, and transmit the same to the Governor of this
State, who shall thereupon issue a commission to said justice of the peace.

Sec 14. The oath of office required to be taken by justices of the peace and
constables shall be administered by the clerk of the county commissioners' court of
the proper county, who shall certify the same upon the commissions of such justices,
and the certificates of election of such constables respectively. The clerk shall
keep a book, in which he shall enter the name of every justice of the peace and
constable sworn into office, together with the date of his commission or certificate,
and the time of his being sworn into office.

Sec 15. Resignations of the office of justice of the peace and constable shall be
made to the clerk of the commissioners' court of the proper county, who shall im-
mediately enter the date of every such resignation in the book above provided for ;
which book, or a certified copy of an entry in the same, shall be received as evi-
dence in all courts within this State.

Sec 16, Whenever there shall be no constable in any precinct, any justice of
the peace in such precinct may appoint one, who shall be qualified as in other ca-
ses, and hold his office until superceded by an election.

Sec 17. Justices of the peace shall have jurisdiction in their respective coun-
ties, to hear and determine all complaints, suits and prosecutions of the following
description :

1st. In actions of debt on bonds, contracts, agreements, promissory notes, or
other instruments in writing, in which the amount claimed to be due, does not ex-
ceed one hundred dollars :

2d. In actions of assumpsit upon any contract or promise, verbal or written,
express or implied, for a valuable consideration, in which the amount claimed to be
due does not exceed one hundred dollars :

316 JUSTICES AND CONSTABLES.

3d. In suits brought for goods, wares or merchandize, sold and delivered ; for
work and labor done, or services rendered ; for money had and received ; for money
lent ; for money received by the defendant, for the use of the plaintiff; or for money
paid by the plaintiff for the defendant, at his request; in which the amount claimed
to be due does not exceed one hundred dollars :

4th. In suits for money claimed to be due upon unsettled accounts, in which the
balance claimed to be due does not exceed one hundred dollars :

5th. In suits for money claimed to be due upon settled accounts between indi-
viduals, in which the balance ascertained to be unpaid, shall not exceed one hundred
dollars :

6th. In all suits upon contracts or promises for rent, and in cases of distress for
rent, upon landlords' warrants, in which the amount claimed to be due does not ex-
ceed one hundred dollars :

7th. In actions of debt for trespass, by cutting timber, in which the amount
claimed does n»t exceed one hundred dollars :

8th. In actions for money claimed to be due for specific articles of property,
whether claimed to be due by bond, note, or other instrument in writing, or upon a
promise, express or implied, in which the value of the property claimed does not
exceed one hundred dollars :

9th. For all debts or demands claimed to be due, not exceeding one hundred
dollars, in which the action of debt or assumpsit will lie :

10lh. In all actions in which an executor or administrator is plaintiff, or for
property purchased at an executor's or administrator's sale, where the amount
claimed does not exceed one hundred dollars :

11th. In all actions in which an executor or administrator is defendant, where
the amount claimed does not exceed twenty dollars :

12th. In all actions of trespass on personal property, and of trover and con-
version, in which the damages claimed do not exceed one hundred dollars :

13th. In all cases of assault, assault and battery, and affrays, in which the peo-
ple are plaintiffs, in which they shall have exclusive original jurisdiction, unless in
case of cities or incorporated towns, in which jurisdiction is otherwise conferred
by law :

14th. In all actions against sheriffs, coroners and constables, for malfeasance,
misfeasance or nonfeasance in office, wrherein the amount claimed does not ex-
ceed one hundred dollars.

The provisions of this section shall apply as wvell to proceedings commenced by
attachment, as to other cases.

Sec 18. In all suits provided for in the preceding section, the jurisdiction of
the justice shall be deemed to extend to cases in which the original claim, debt, de-
mand or damages may have originally exceeded the sums of one hundred dollars, and
twenty dollars respectively, but which shall have been reduced by fair credits
below those sums.

Sec. 19. Justices of the peace, who shall have given bond and received com-
missions un^er the provisions of this chapter, are authorized and empowered, and
it is hereby made their duty to receive money on all notes and demands which may
have been placed in their hands for suit or collection, and also upon all judgments
rendere 1 by them prior to the issuing execution thereon.

Sec. 20. It shall be the duty of every justice, whenever a suit shall be com-
menced before him, to record, in a book kept for that purpose, the names of the

JUSTICES AND CONSTABLES. 317

parties, the amount and nature of the debt sued for, the date and description of the
process issued, and the name of the officer to whom such process shall be deliver-
ed, and throughout the whole of the proceedings in any suit, it shall be his duty,
whenever any process shall be issued or returned, or any order made, or judgment
rendered, to make a written memorandum of the same, in the same book, and to file
and safely keep all papers given him in charge.

Sec. 21. Every suit before a justice, except such as are hereinafter provided
for, in a different manner, shall be commenced by summons, which shall be in the
following form, as nearly as the case will admit, viz:

State of Illinois, ) The People of the State of Illinois, to any Constable of said
County, $ County, Greeting:

You are hereby commanded to summon A. B. to appear before me, at on

the day of at o'clock, to answer the complaint of C.

D. for a failure to pay him a certain demand not exceeding one hundred dollars ;
and thereof make due return as the law directs. Given under my hand and seal,
this day of 184 .

JOHN DOE, J. P.
In which summons the justice shall specify a certain place, day, and hour for the
trial, not less than five, nor more than fifteen days from the date of such summons;
at which time and place the defendant is to appear ; which process shall be served
at least three days before the time of trial mentioned thei;ein, by reading the same
to the defendant or defendants.

Sec. 22. If, previous to the commencement of a suit, the plaintiff shall make
oath that there is danger that the debt or claim of such plaintiff will be lost, unless
the defendant be held to bail, and shall state, under oath, the cause of such danger,
so as to satisfy the justice that there is reason to apprehend such loss, the justice
shall issue a warrant which shall be in the following form, as nearly as the case will
admit, viz :

State of Illinois, ) The People of the State of Illinois, to any Constable of said
County, $ County, Greeting :

You are hereby commanded to take the body of and bring him forthwith

before me, unless special bail be entered ; and if such bail be entered, you
will then command him to appear before me, at on the day of

at o'clock, to answer the complaint of A. B. for a failue to

pay him a certain demand, not exceeding one hundred dollars ; and hereof make due
return as the law directs. Given under my hand and seal, this day of

184 .

JOHN DOE, J. P.
And in all cases the defendant shall have a right to release his or her body arres-
ted by virtue of such process, by giving special bail to the constable executing the
same, which shall be indorsed on the back of the warrant, in the following form as
nearly as the case will admit, a iz :

"I, G. F. acknowledge myself special bail for the within named clfe. Witness
my hand, this day of ' 184 . «b:

- G. F."

Which indorsement shall be signed by one or more securities, to be approved by
the constable taking the same, and shall have the force and effect of a recognizance

318 JUSTICES AND CONSTABLES.

of bail, the condition of which is, that the defendant, if judgment shall be given
against him or her, will pay the same with costs, or surrender his or her body in
execution ; and in default of such payment or surrender, the goods and chattels of
the bail shall be liable for the payment of the judgment and costs: Provided, That
if the body of the defendant shall be rendered in execution by himself or his bail,
within thirty days after the issuing of such execution, or if a sufficiency of the de-
fendant's property shall be found to satisfy the judgment and costs, the bail shall be
exonerated ; but if neither the body of the defendant shall be surrendered, nor a
sufficiency of his or her property can be found within the time aforesaid, to pay the
judgment and costs, then the justice shall issue execution against the bail, who
shall be dealt with in the same manner as if he were defendant.

Sec. 23. If the defendant shall not appear at the time of trial, after giving bail
as aforesaid, or after being served with a summons, as described in the twenty-lirst
section of this chapter, and no sufficient reason be assigned to the justice, why he
or she does n<5t appear, then the justice shall proceed to hear and determine the
cause, in the absence of said defendant, but shall not give judgment in favor of the
plaintiff, unless the said plaintiff shall fully prove his demand in the same manner
as if the delendant had been present and denied the same.

Sec 24. If the plaintiff or his agent shall not appear at the time appointed for
the trial aforesaid, and no sufficient reason shall be assigned to the justice why such
plaintiff or his agent does not appear, the justice shall dismiss the suit, and the plain-
tiff shall pay the costs, unless the defendant shall consent, that such suit shall be
continued to another day, in which case, the same proceedings shall take place at
the second day, so fixed for the trial as above provided ; but this section shall not
require the dismissal of a suit on a note placed in the hands of a justice for collection.

Sec. 25. If two or more persons shall be sued jointly before any justice of the
peace, and all of such defendants shall have had notice as aforesaid, by warrant or
summons, the appearance of any one of the said defendants, at the time of trial,
shall be sufficient to justify the said justice in proceeding as if all were present;
and if none of said defendants shall appear after such notice, the justice shall, if
the plaintiff's demand be established as aforesaid, proceed as in other cases of de-
fault ; and in either of the aforesaid cases, the justice shall not divide the amount of
the debt proved among the defendants, but shall give one entire judgment for the
whole amount proved to be due against so many of the defendants jointly, as shall
be proved to be jointly indebted to the plaintiff. But if it shall appear to the jus-
tice, that any two or more of the defendants are severally indebted to the plaintiff,
upon separate and different debts, or causes of action, or upon several or different
promises or contracts, such plaintiff shall not be allowed to bring in such separate
clairtis; nor shall the plaintiff be barred by the determination of his suit against such
joint defendants, from prosecuting his suit against the respective defendants, for the
recovery of such separate demands.

Sec 26. Where there are several joint debtors, and all can not be served with
process, the justice may render judgment against such as are served with process.

Sec 27. Previous to the commencement of any trial before a justice of the
peace, either party may move to have such trial put oft* for a time not exceeding ten
days, upon making proof, either upon his own oath or that of a credible witness, that
the said party can not safely proceed to trial, on account of the absence of a material
witness, or on account of any other cause or disability, which, would prevent them
from obtaining justice at such trial ; and if the justice be satisfied that the party so ap-

JUSTICES AND CONSTABLES. 319

plying, can not safely proceed to trial; and also that the party so applying has used
due diligence to be ready at the time of trial first appointed, and that his not being
ready, is not the effect of such party*s own neglect or inattention, then the said jus-
tice shall order the trial of said cause to be deferred to another day and hour, within
ten days, to be by him appointed ; and the party praying such continuance, shall pay
all the costs occasioned thereby : Provided, The justice may at any time, continue
any case without oath, if the parties consent, or if but one party be present and shall
consent, or if he shall deemit essential to justice so to do, for any good cause shown.

Sec. 28. When the parties shall appear and be ready for trial, the justice shall
proceed to hear and examine their respective allegations and proofs, and shall there-
on give judgment against the party who shall be proved to be indebted to the other,
for so much money in dollars and cents as shall appear to be due, with costs of suit;
but if neither party shall appear to be indebted to the other, then the judgment shall
be against the plaintiff for the costs of suit only ; and if such judgment be rendered
upon any note or bond, or for a balance due upon a settled account, the justice shall
allow interest from the time when the same became due, and include the same in the
said judgment; and in all cases the judgment shall bear interest at the rate of six
per cent, per annum until paid.

Sec 29. The justice shall indorse on the back of every summons or warrant,
the sum demanded by the plaintiff, with the costs due thereon, and the defendant
may pay the same to the constable in whose hands such process may be, who shall
give a receipt therefor, which shall exonerate the defendant from debt and costs.

Sec. 30. All evidence before a justice of the peace shall be under oath, and by
parol, except when it shall be necessary to exhibit the signature or hand writing of
a party against him, and except such evidence as shall be taken by deposition, as
hereinafter mentioned.

Sec 31. No party to any suit before a justice shall be permitted to deny his or
her signature to any written instrument upon which such suit shall be founded, or
which shall be offered as a set-off or acquittance for the debt demanded in such suit,
unless the said denial be under the oath of the party so denying the signature pur-
porting to be Ids or her own.

Sec 32. If any witness, residing within the county wherein a suit shall be
pending before a justice, shall be unable to attend, on account of age, sickness or
other cause, it shall be lawful for the justice before whom such suit shall be pend-
ing, or some other justice of the county, to take the deposition of such witness in
writing; and the justice before whom the suit shall be pending, shall adjourn the
trial, not more than six days for that purpose, and shall give both parties notice of
the time and place of taking such deposition.

Sec 33. If any witness, whose testimony shall be material in a suit pending be-
fore a justice, shall reside out of the county wherein such suit shall be pending, the
party desiring it, may take his, her or their deposition or depositions, before any
justice of the peace in the county in which such witness or Avitnesses reside; and
the depositions taken in conformity thereto may be given in evidence in said suit, if
it shall be made to appear that the opposite party had reasonable notice of the time
and place of taking such depositions.

Sec 34. No party shall be permitted to introduce at the trial, any note, bond,
debt or other claim against his adversary, which he shall have acquired after the
commencement of the suit.

320 JUSTICES AND CONSTABLES.

Sec. 35. In all suits which shall be commenced before a justice of the peace,
each party shall bring forward all his or her demands against the other, existing at the
time of the commencement of the suit, which are of such a nature as to be consolida-
ted, and which do not exceed one hundred dollars when consolidated into one action
or defence ; and on refusing or neglecting to do the same, shall forever be debarred
from the privilege of suing for any such debt or demand.

Sec 36. When either party shall require the attendance of a witness, in any
suit pending before a justice, it shall be the duty of the justice to issue a subpoena
in the following form, as nearly as the case .will admit, viz :

State of Illinois, ) ^ p . , ^ SMe , minoi fo ^ B
(jOunty. ^ r J j

You are hereby commanded to appear before me at on the day of

at o'clock, then and there to testify the truth, in a matter in

suit, wherein C. D. is plaintiff and E. F. defendant, and this you are not to omit,

under the penalty of the law. Given under my hand and seal, this day of

184 . JOHN DOE, J. P.

Which subpoena may be served by a constable, or any other person, by reading the
same to the witness; but no mileage shall be allowed to the person serving the
same.

Sec 37. In all cases where a justice of the peace is required to issue a subpoena
at the instance of either party to a suit, it shall be his duty to insert the names of
four witnesses in each subpoena, if the party demanding the same shall require the
attendance of that number ; and in no case shall a justice of the peace be permitted
to charge and receive pay for any subpcena commanding the citation of a less num-
ber, where as many as, four shall be required by the same party, at the same time,
to be used in the same suit.

Sec 38. Each witness so summoned, shall be entitled to fifty cents for attend-
ing on each trial, to be taxed with the other costs- of suit, and paid when the debt
and costs are collected ; but if more than two witnesses shall be sworn in any case,
to testify to one fact on the same side, the party requiring such extra witness shall
be at the whole expense of procuring the same ; but no such fee shall be taxed by
the justice, unless claimed by the witness attending.

Sec 3.9. In all trials before justices of the peace, when either party may not
have a witness or other legal testimony, to establish his or her demand, discount or
set-off, the party claiming such demand, discount or set-off, may be permitted to
prove the same by the testimony of the adverse party ; and if such adverse party .
shall not appear at the time of trial, or shall refuse to be sworn, , or to testify, then
the. party claiming the same shall be permitted to prove his or her demand, discount
or set-off, by his or her own oath : Provided, That such party claiming the benefit
of his own oath, or that of the adverse party, shall first make oath that he has a de-
mand, discount or set-off, in said cause, and that he knows of no witness by whom
he can prove the same, except by his own oath, or that of the adverse party : Provi-
ded, further, That no person shall be allowed to prove his demand, discount or set-
off, unless the adverse party be present, or shall have been notified thereof, and for
which purpose, the justice may continue the cause for such time as may be necessary.

Sec 40. When any plaintiff at the time of commencing his suit, shall signify his
desire to prove his debt or demand as provided in the preceding section, and shall
file the necessary affidavit, the justice may issue his summons in the following form:

JUSTICES AND CONSTABLES. 321

State of Illinois, ) , The People of the State of Illinois, to any constable

County. $ * of said county , Greeting:

You are hereby commanded to summon C. D. to appear before me, at my office
in in said county, on the day of 184 , at the hour of

o'clock, M., to answer the complaint of A. B. for a failure to pay him a certain
demand not exceeding one hundred dollars, and hereof make due return as the law
directs. The said defendant is hereby also notified that the said plaintiff says that
he has no witness by whom to prove his demand, except it be by his own oath, or
the oath of the said defendant ; and unless the said defendant appear at the trial of
said complaint, the plaintiff will be permitted to prove his demand by his own oath,
as by law is directed in such cases.

Given under my hand and seal at my office in in said county, this day

of A. D. 18 . E. F., J. P., [l. s.]

Sec. 41. If the defendant or defendants shall not appear at the time of trial,
after being served with such summons according to law, and no sufficient reason be
assigned to the justice why he or she does not appear, then the plaintiff shall be
permitted to prove his or her demand by his or her own oath, without giving any
other or further notice to the defendant or defendants.

Sec 42. If both parties agree to have a difference decided by a justice of the
peace, without process, he shall enter the same on his docket, noting particularly
such consent, and proceed as in other cases.

Sec. 43. In all cases the parties to a suit before a justice shall have the privi-
lege of referring the difference between them to arbitrators, mutually chosen by
them, who shall examine the matter in controversy, and make out their award there-
on in writing, and deliver the same to the justice, who shall enter the said award
on his docket, and give judgment according thereto.

Sec 44. At any time before judgment is given in any suit before a justice,
either party may demand to have the cause tried by a jury, provided the matter in
controversy exceed twenty dollars ; whereupon, it shall be the duty of the justice
to issue his writ, directed to any constable, commanding him to summon a jury of
six men, or twelve, if a less number be objected to ; and the said jury shall be
impanneled as soon as may be, the justice adjourning the cause if necessary to any
time, not exceeding three days, for that purpose. The jury, when impanneled,
shall be sworn by the justice to try the case according to the evidence, and the
justice shall enter judgment upon their verdict, according to "the finding thereof.

Sec 45. The following shall be the form of the writ for summoning the jurors,
viz :

State of Illinois, ) The People of the State of Illinois, to any constable of said
County. $ county, Greeting:

We command you to summon lawful men of your county to appear before

me at , on the day of 184 , who are not of kin to plain-

tiff, or to defendant, to make a jury between said parties, in a plea of

because as well the said plaintiff as the said defendant have put themselves upon the
country for trial ; and have you then there the names of the jury and this writ.
Witness my hand and seal, this day of 18

JOHN DOE, J. P.

Sec 46. In trials of the right of property taken on execution, attachment or
other process, by constables, the number of jurors shall be six instead of twelve?
21

322 JUSTICES AND CONSTABLES.

unless all the parties to the trial shall agree upon a larger number, not exceeding
twelve, in which case the number agreed on shall constitute the jury : Provided,
That either party shall have the right to require twelve jurors, upon advancing
the additional costs and fees accruing in consequence of increasing the number over
six, such additional costs and fees not being in any event chargeable against the
other party.

Sec. 47. No justice of the peace shall order a trial by jury without the consent
of all parties, unless such jury be demanded before the hearing of any evidence in
the case, nor unless the party demanding such jury shall first pay the fees to which
such are by law entitled.

Sec. 48. In all cases where a witness shall be duly served with a subpcsna,
and shall fail to attend at the trial, conformably thereto, and in all cases where a
person shall be summoned as a juror, to try any cause before a justice of the
peace, and shall fail to attend at the time and place appointed in such summons,
the justice shall have power to issue an attachment, directed to any constable of the
county, commanding him forthwith to bring before such justice, the body of such
juror or witness so failing to attend as aforesaid, to show cause why he should not
be fined for such contempt ; and on the appearance of such juror or witness on such
attachment, it shall be lawful for the justice of the peace to fine him,4n any sum
not less than one dollar, nor more than ten dollars, or wholly discharge him, if sat-
isfactory excuse be made.

Sec. 49. If any juror, summoned as aforesaid, shall be interested in the event
of the suit, or of kin to either party, or shall have expressed his opinion on the matter
about to be tried, or shall, for any other cause, to be judged of by the justice, be
considered as a partial or improper juror, in that case the justice shall discharge
such juror ; and when, by such discharge, or the failure of any juror to attend, the
jury shall not be complete, the justice shall direct the constable to summon as many
persons as shall be required to complete such jury instantly, from among the by-
standers or other persons in his bailiwick, which summons shall be verbal ; and
the persons so summoned shall be bound to serve on such jury, and on refusal or
failure to do so may be attached and fined for contempt as aforesaid.

Sec. 50. Every person who shall appear before a justice of the peace, when
acting as such, or who shall be present at any legal proceeding before a justice,
shall demean himself in a decent, orderly and respectful manner ; and for failure
to do so, such person shall be fined by the said justice for contempt, in any sum not
more than five dollars.

Sec 51. Previous to the commencement of any trial before a justice of the
peace, the defendant or his or her agent, may make oath, that it is the belief of such
deponent that the defendant can not have an impartial trial before such justice ;
whereupon, it shall be the duty of the justice, immediately to transmit all the pa-
pers and documents belonging to the suit, to the nearest justice of the peace, who
shall proceed as if the said suit had been instituted before him.

Sec 52. In all cases, before justices of the peace, either party may have the
case continued any reasonable time, not exceeding one month, for the purpose of
taking the deposition of any non-resident witness ; which deposition shall be taken
in conformity to the manner of taking and returning depositions of non-resident
witnesses in the circuit courts in this State.

Sec 58. No execution shall be issued by a justice of the peace, until after the
expiration of twenty days from the date of the judgment, on which such execution
is to be issued, unless the party applying for the same, or the agent of such party

JUSTICES AND CONSTABLES. 323

shall make oath that he believes that the debt will be lost unless execution be issued
forthwith. If such oath be made, then the execution shall be issued immediately
and levied; but no sale of any property under such execution shall take place
within twenty days from the date of the judgment; nor shall the issuing of such
execution deprive either party of the right to appeal.

Sec. 54. All executions issued by a justice of the peace, shall be directed to
any constable of the proper county, and made returnable to the justice issuing the
same, within seventy days from the date ; such executions shall be levied onlv on
personal property, and shall be in the following form as nearly as may be, viz :
State of Illinois, £ The People of the State of Illinois, to any constable of said
County. \ county, Greeting:

We command you, that of the goods and chattels of A.B., in your county, you
make the sum of dollars and cents debt, and dollars and

cents cost, which C. D. lately recovered before me in a certain ple'a, against the
said A. B., and hereof make return to me within seventy days from this date. Giv-
en under my hand and seal, this day of 184 .

JOHN DOE, J. P.
Sec 55. When it shall appear by the return of any execution issued as afore-
said, that the defendant has not personal property within the county, sufficient to
satisfy the debt, and it is desired by the plaintiff to have execution issued to some
other county in which it is alleged that the defendant has personal property, the
justice shall issue execution, directed to any constable of the county where such
property shall be said to be ; to which execution shall be attached an official cer-
tificate of the clerk of the county commissioners' court of the county in which the
same shall be issued, setting forth, under the seal of said court, that such justice so
issuing, was at the time of issuing of said execution, a justice of the peace in ana
for said county ; and no constable shall be bound to execute any such process un-
less so authenticated.

Sec. 56. When an execution shall be issued to another county, as provided in
the preceding section, it shall be the duty of the constable receiving the same, to
proceed to the collection of the same, and make return as in other cases.

Sec. 57. When it shall appear by the return of the execution first issued as
aforesaid, that the defendant has not personal property sufficient to satisfy the debt
and costs within the county in which judgment was rendered, and it is desired bv
the plaintiff to have the same levied on real property, in that, or any other county,
it shall be lawful for the justice to certify to the clerk of the circuit court of the
county in which such judgment was rendered, a transcript, which shall be filed by
said clerk, and the judgment shall thenceforward have all the effect of a judgment
of the said circuit court, and execution shall issue thereon, out of that court as in
other cases.

Sec 58. Appeals from judgments of justices of the peace to the circuit court,
shall be granted in all cases except on judgment confessed : Provided, The party
praying for an appeal shall, within twenty days from the rendering of the judgment
from which he desires to take an appeal, enter into bond with security to be ap-
proved and conditioned as hereinafter provided.

Sec 59. The bond required to be given shall be in substance as follows :
"Know all men by these presents, that we, A. B. and C. D., are held and firmly
bound unto E. F., in the penal sum of (here insert double the amount of judgment
and costs,) dollars, lawful money of the United States, for the payment of which.

324 JUSTICES AND CONSTABLES.

well and truly to be made, we bind ourselves, our heirs and administrators, jointly,
severally and firmly by these presents. Witness, our hands and seals, this
day of 18 . The condition of the above obligation is such, that

whereas, the said E. F. did, on the day of A-. D. 18 , before

, a justice of the peace for the county of , recover a judgment

against the above bounden A. B., for the sum of dollars ; from which judg-

ment the said E. F. has taken an appeal to the circuit court of the county of
aforesaid, and State of Illinois. Now, if the said A. B. shall prosecute his appeal
with effect, and shall pay whatever judgment may be rendered by the court upon
dismissal or trial of said appeal, then the above obligation to be void, otherwise to
remain in full force and effect.

[L. s.]

[L. ..]
[l. ..]

Approved .by me at my office, this day of 18 , .

L. M., J. P."

Sec 60. The party desiring such appeal, may file his bond in the office of the
justice who shall have rendered the judgment; such bond to be approved by such
justice, whose duty it shall be to suspend all proceedings in the case ; and if execu-
tion shall have been issued, he shall recall the same, and who shall within twenty
days after receiving and approving of the appeal bond, file the same in the office' of
the clerk of the circuit court, together with all the papers and transcript of the
judgment he had given, with a certificate under his hand, that the said transcript
and papers contain a full and perfect statement of all the proceedings before him.

Sec 61. Or, the appealing party may file his bond in the office of the clerk of
the circuit court of the proper county, within the time aforesaid, which bond shall
be approved by the clerk ; upon the filing and approval of which bond, the clerk
shall issue a supersedeas, enjoining the justice and constable from proceeding any
further in said suit, and suspending all proceedings in relation thereto, and shall
issue a summons to the appellee to appear at the term of the court to which the
appeal is returnable, which summons shall be served and returned as in other
cases.

Sec 62. So soon as the clerk shall issue a supersedeas as aforesaid, the justice
who gave the judgment, and any constable in whose hands an execution or other
process may be, in relation thereto, shall suspend all further proceedings thereon ;
and the said justice shall return all the papers and a transcript of the judgment he
had given, to the clerk of said court, with a certificate under his hand, that the said
transcript and papers contain a full and perfect statement of all the proceedings be-
fore him.

Sec 63. One or more plaintiffs, or defendants, in causes decided by justices of
the peace, shall be allowed the right of appeal to the circuit court, without the con-
sent of the others ; and when one of several, appeals, the supersedeas shall issue
directing a suspension of all further proceedings upon the judgment, as though all
had joined in the appeal.

Sec 64. When an appeal bond shall be executed by one of several parties, from
the judgment of a justice of the peace, the clerk of the circuit court shall issue a
summons against the other parties, notifying them of the appeal in the said circuit
court, and requiring them to appear and abide by and perform the judgment of the
court in the premises ; which summons shall be served as other process issued in

JUSTICES AND CONSTABLES. 325

appeal cases ; and in case such summons shall be returned that parties are not
found, the cause shall, at the first term of the court, be continued, but at the se-
cond term, shall be tried; and the court shall have power to give the same judg-
ment in appeals takenunder the provisions of this chapter as though all the parties
to the judgment had joined in the appeal.

Sec 65. If upon the trial of any appeal, the bond required to be given shall
be adjudged informal or otherwise insufficient, the party who shall have executed
such bond, shall in nowise be prejudiced by reason of such informality or insuffi-
ciency : Provided, He will, in a reasonable time, to be fixed by the court, execute
and file a good and sufficient bond.

Sjec 66. Upon the trial of all appeals before the circuit court, no exception
shall be taken to the form or service of the summons issued by the justice of the
peace, nor to any proceedings before him ; but the court shall hear and determine
the same in a summary way, according to the justice of the case, without pleading
in writing.

Sec 67. If it shall appear, however, that the justice had no jurisdiction of the
subject matter of the suit, the same shall be dismissed at the cost of the plaintiff.

Sec 68. The plaintiff in the justice's court shall be plaintiff in the circuit court
on the trial of the appeal, and the rights of the parties shall be the same as in orig-
inal actions.

Sec 69. Parties on the trials of appeals in the circuit court, shall have the
benefit of the provisions of the thirty-ninth, fortieth and forty-first sections of this
chapter, as fully as in trials before justices of the peace.

Sec 70. The security in any appeal bond shall be liable thereon for the
amount of the original judgment, and all costs thereon in case the said appeal
be dismissed, and shall be liable also on said bond for whatever judgment may
be rendered by the circuit court, in case the original judgment be affirmed by said
circuit court, either in whole or in part.

Sec 71. Execution may issue out of the circuit court on all judgments ren-
dered in cases appealed, as in other cases originating in the circuit court.

Sec 72. The judges of the circuit and probate courts shall have power within
their respective jurisdictions, and it shall be their duty, upon application, made as
hereinafter mentioned, to grant writs of certiorari, to remove causes from before
justices of the peace into the circuit court, who shall indorse an order for the same,
upon the petition of the party praying such writ, and on producing the same to the
clerk of the circuit court, he shall issue said writ in conformity to the provisions of
this chapter.

Sec 73. No writ of certiorari shall issue after the expiration of six months
from the time of the rendition of judgment.

Sec 74. Before any writ of certiorari shall issue, the party applying therefor
shall give bond, with security, in the same manner and with the same conditions,
and when the same shall be defective, may be perfected as bonds in cases of appeals
from justices of the peace. The writ of certiorari shall require the justice to cer-
tify to the circuit court, a transcript of the judgment and other proceedings had
before him ; and in no case shall the justice be required to send up a minute or
memorandum of the evidence given before him ; but upon the return of said writ, such
proceedings shall be had thereon, as in cases of appeals.

Sec 75. The petition, on application for writs of certiorari, shall set forth and
show upon the oath of the applicant, that the judgment before the justice of the
peace was not the result of negligence in the party praying such writ ; that the

326 JUSTICES AND CONSTABLES.

judgment in his opinion is unjust and erroneous, setting forth wherein the injus-
tice and error consist, and that it was not in the power of the party to take an
appeal in the ordinary way, setting forth the particular circumstances which pre-
vented him from so doing.

Sec. 76. The justice of the peace, constable, and other persons concerned,
shall, as soon as the writ of certiorari shall be served, stay all further proceedings
in that case, until the further order of the circuit court.

Sec. 77. If the judgment of the justice shall be reversed by the circuit court,
in whole or in part, such reversal shall not vitiate any sale on execution, which
shall have been effected before the issuing of the writ of certiorari ; but in such
cases, the circuit court shall have power to assess the damages which shall have
accrued in consequence of such sale, and to cause judgment to be entered or a de-
duction made therefor ; and in all cases of a partial reversal of judgment, either in
case of appeals or certiorari, the court shall have power to apportion the costs be-
tween the parties, according to justice.

Sic. 78. The personal property of every defendant in a judgment before a jus-
tice of the peace, shall be bound for the' payment of such judgment, from the deliv-
ery of the execution issued thereon, to the constable ; and the real property of such
defendant shall be bound as aforesaid, from the date of the filing of a transcript of
the judgment in the clerk's office, as provided in this chapter.

Sec 79. Every constable to whom an execution shall be delivered, shall indorse
on the back of the same, an exact memorandum of the day and hour when the same
shall have come to his hands, and shall immediately proceed to levy the same ; in-
dorsing also on the back of the execution, the date of such levy, and making an ex-
act inventory of the property on which the same shall have been levied, and shall
appoint a day and hour for the sale of said property, giving ten days previous notice
of such sale, by advertisement in writing, to be posted up at three of the most public
places in the county ; and on the day so appointed, the said constable shall sell the
property so levied on, or so much thereof as may be necessary to pay the debt, in-
terest and costs, to the highest bidder.

Sec 80. Any constable shall be authorized to remove property levied on by
him, when it shall be necessary for the safe keeping of the same : Provided, That
if the defendant shall desire to retain the property so levied on, until the day of
sale, it shall be lawful for the said constable to allow the defendant so to keep the
same, if said defendant shall give bond to said constable, in double the amount of
the execution, with good security, conditioned for the delivery of said property, to
the same constable, at the time and place of sale to be named in said bond ; and if
the said property shall not be delivered as aforesaid, at the time and place of sale,
the constable having the execution, may proceed to levy the same, upon the same or
any other property of the defendant, or upon the property of the security in such
and shall sell the same, giving two days public notice of such sale by adver-
tisement, to be posted at one public place.

Sec 81. When the defendant, upon whom any summons or warrant issuing
from a justice of the peace, shall be served, shall pay, or tender to the constable,
the amount actually due, with all costs then accrued, and shall prove the same upon
t rial, and bring the money forward and deposit it with the justice of the peace, no costs
which shall thereafter accrue, shall be adjudged against him, but the plaintiff shall
pay the same.

JUSTICES AND CONSTABLES. 327

Sec. 82. On the return of all executions, the constable shall pay over to the
justice of the peace who issued the same, all money not previously paid over to the
plaintiff; and also, all witness' fees which remain unpaid to any witness ; and it
shall be the duty of the justice of the peace to post up in his office, at least once in
three months, a list of all witness' fees in his hands, and the names of the persons to
whom they belong ; and for a failure to comply with this provision, a justice of the
peace shall be liable to a fine of fifty dollars, to be recovered by action of debt in the
name and behalf of the county commissioners' court.

Sec 83. No person who is not a resident of this State, shall commence any action
before a justice of the peace, until such non-resident shall file with the justice
before whom such action may be brought, a bond, with sufficient security, for the
payment of all costs which may be awarded against the plaintiff, should he fail in
his suit; which bond shall be in the following form, as near as may be, inserting the
names of the parties, the county and State:

" State of Illinois, C A. B. )

< vs. > Demand $

County of ( CD. )

I, E. F. do enter myself security for all costs that may accrue in the above case,
this day of 18 ."

Sec 84. Such bond shall be signed by the security ; and if the said plaintiff
shall be cast in his suit, discontinue, or make default, and shall not, within ten days
thereafter, pay to the justice all the costs that may have been occasioned to the de-
fendant, to the justice and constable, jurors or witnesses, the justice shall issue his
execution against the security for the amount thereof, accompanied with a bill of
costs, in which shall be set down every particular charged. And if any suit shall
be commenced by a non-resident as aforesaid, without filing a bond for costs as
aforesaid, the suit shall be dismissed on the motion of the defendant, and the plain-
tiff shall be liable to pay all costs occasioned thereby, which may be recovered be-
fore any justice of the county, in the name of the party injured.

Sec 85. When any defendant shall evade the service of process, and not listen
to the same, or secrete himself, then the officer shall serve the same by leaving a
copy at his place of residence with some white person of the age of ten years or
upwards ; and in all such cases, the constable shall make a special return when
and how served, and the circumstances attending the same ; and if the justice shall
be satisfied that the defendant evaded the service by reading, and that the party is
sufficiently notified and summoned, he shall proceed to hear and determine the case.

Sec 86. Any justice of the peace may appoint a suitable person to act as con-
stable in a criminal or other case, where there is a probability that a person charged
with any indictable offence will escape, or that goods and chattels will be removed,
before application can be made to a qualified constable ; and the person so appointed
shall act as constable in that particular case, and no other ; and any temporary ap-
pointment so made as aforesaid, shall be made by a written indorsement, under the
seal of the justice deputing, on the back of the process, which the person receiv-
ing the same shall be deputed to execute.

Sec 87. When any person shall be appointed and qualified to act as a constable,
it shall be the duty of the clerk of the county commissioners' court to notify the
sheriff of the county of such appointment; and the said sheriff shall keep a list
of the constables within his county ; and it shall be the duty of each sheriff to
summon four constables (if necessary) of his county, to attend at each term of
the circuit court, giving them ten days' notice, and taking them in rotation; which

328 JUSTICES AND CONSTABLES.

constables, when so summoned, shall attend, and act under the sheriff as his depu-
ties, during the sitting of such court; and any constable failing to attend as afore-
said, or refusing to act as such deputy, may be fined by said court for contempt
thereof.

Sec 88. It shall be the duty of every constable, when any felony or breach of
the peace shall be committed in his presence, forthwith to apprehend the person
committing the same, and bring him before some justice of the peace, to be dealt
with according to law : to suppress all riots and unlawful assemblies, and to keep
the peace, and also to serve and execute all warrants, writs, precepts and other pro-
cess, to him lawfully directed; and, generally, to do and perform all things apper-
taining to the office of constable within this State.

Sec 89. When any person shall be about to commence an action of trespass or
trover, before a justice of the peace, and he shall make oath before such justice
that he verily believes that the benefit of whatever judgment may be recovered
in such action, will be in danger of being lost, unless the defendant or defendants
be held to bail ; upon such oath being made, the justice shall issue a warrant, as in
cases for debt, varying the same to suit the action, and the defendant may release
his body by giving special bail, as in actions of debt.

Sec 90. Upon all judgments in actions of trespass or trover, the justice may
issue an execution against the goods and chattels or body of the defendant, at the
election of the plaintiff.

Sec 91. In cases of judgment for debt, whenever the plaintiff or his authorized
agent shall make oath before the justice, in whose office such judgment may be,
that he or she verily believes the defendant or defendants to be able to pay such
judgment, and withholds the money, or secretes his, her or their property from the
officer, so that the debt can not be levied, it shall be lawful for the plaintiff to demand,
and for the justice to issue execution against the body of such defendant or defen-
dants.

Sec 92. In all cases in which a defendant shall give special bail under the
provisions of this chapter, and shall not be surrendered on or before the return day
of the fieri facias upon the judgment, nor a sufficiency of property be found to pay
the judgment and costs, within the time aforesaid, it shall be the duty of the justice
of the peace, upon the application of the plaintiff, or his agent, to issue a summons
against the special bail, in the following form, as neaidy as may be, to-wit :

State of Illinois, ) The People of the State of Illinois, to any constable of said
County. ) county, Greeting:

You are hereby commanded to summon to appear before me, at on

the day of at o'clock, to show cause, if any he have, why judg-

ment should not be rendered against him, as the special bail of upon a capias

issued by me against him, in favor of for the sum of dollars and

cents, the amount of the judgment rendered against the said in favor of the

said and hereof make due return, as the law directs. Given under my hand

and seal, this day of 18 . JOHN DOE, J. P. [l. s.]

In which summons the justice shall specify a certain day, place and hour for the
trial, not less than ten, nor more than fifteen days from the date thereof, at which
time and place the defendant is to appear; which process shall be served and return
made as in other cases.

Sec 93. If the defendant does not appear, the justice shall hear the case, enter
judgment and award execution as in other cases.

JUSTICES AND CONSTABLES. 329

Sec. 94. If the defendant shall appear at the time and place appointed for trial,
he shall be permitted to show cause for his failure to comply with the condition of
his undertaking, or to show that he hath complied with the same; and if it shall
appear that the defendant was prevented from surrendering the body of the original
defendant, by the act of the plaintiff, or that the said original defendant had departed
this life previous to the time required for making such surrender, or that his health
was such as to endanger his life by such surrender, or that he had delivered the
body in execution, according to the condition of the recognizance, then the bail shall
be released and discharged from all liability.

Sec. 95. In all cases of assault, assault and battery and frays, any justice of the
peace may, upon his own knowledge, or upon the oath of any competent person,
issue his warrant to any constable of his county for the arrest of every person
charged with either of said offences ; and upon the arrest of such person, shall
cause a jury to be summoned, (unless the party accused shall dispense with a jury)
who shall hear the cause, and if they find the accused guilty, shall assess such
fine as they shall deem just, not however, to be less than three nor more than
one hundred dollars.

Sec 96. Upon the jury returning their verdict of guilty, and the assessment
of the fine, the justice shall record the same in his docket or record book, and pro-
ceed to render judgment thereon for the amount of the said fine and costs ; but if
the jury return a verdict of not guilty, the justice shall record the same, and dis-
charge the defendant or defendants without costs.

Sec 97. Upon the rendition of such judgment, the justice shall issue execution
for the fine and costs, which may be levied upon any personal property of the de-
fendant or defendants, which shall be sold for whatever it will bring in cash, after
giving notice, as in other cases : Provided, however. That if the party so convicted
have a family, then the constable shall reserve from execution one bed and bedding,
one cow and ten dollars1' worth of household and kitchen furniture.

Sec 98. If the constable shall return upon such execution, that the defendant
or defendants have no goods and chattels whereof to make the money, the justice
shall issue a capias against the body of the defendant or defendants, and the consta-
ble shall arrest such person or persons, and commit him or them to the jail of the
county, there to remain forty-eight hours ; and if the fine exceed ten dollars, then to
remain in said jail twenty-four hours for every five dollars over and above the said
ten dollars, and so on in proportion to the amount of said fine.

Sec 99. If any person so convicted, shall wish to appeal to the circuit court,
he shall signify the same to the justice of the peace who gave the judgment, and
the justice shall give him a statement of the amount of the fine and costs, and upon
producing the same to the clerk of the circuit court of the proper county, the clerk
shall write a bond to the people of the State of Illinois, in a penalty double the
amount of the fine, and a sufficiency to cover all costs, conditioned for the payment
of the amount of whatever judgment the court may render against said defendant,
which the said party appealing shall execute, with sufficient security to be approved
by the said clerk ; and when such bond shall be executed, the clerk shall notify
the justice who tried the cause thereof, and the said justice shall stay all further
proceedings, and return the papers to the next succeeding circuit court, when the
same shall be tried : Provided, All such appeals shall be prayed for, and the bond
executed within five days after judgment rendered.

330 JUSTICES AND CONSTABLES.

Sec. 100. If the defendant shall be found guilty in the circuit court, judgment
shall be rendered against both principal and security in the appeal bond, for the
amount of the fine assessed by the jury in said court, and all costs that may
have accrued.

Sec 101. If any person shall be dissatisfied with the verdict given in such
cases, before any justice of the peace, because of the fine being too low, or because
the defendant may have been acquitted, he shall be permitted to remove the said
case into the circuit court, upon his executing bond to the people of the State of
Illinois, before the clerk, in a penalty sufficient to cover all costs that have or may
accrue, conditioned lor the payment of all costs, in case the defendant shall be ac-
quitted, or the fine not increased ; which bond shall be executed in ten days after the
judgment of the justice shall have been given ; and when said bond is executed, the
elerk shall notify the justice thereof, anct said justice shall return all the proceed-
ings to the said court ; and if the defendant shall be acquitted in the circuit court,
or the fine not increased by the jury, the court shall render judgment against the
party who removed the said case into the circuit court, and his security in the
appeal bond, for all costs occasioned by the appeal : Provided, The party removing
a case into the circuit court shall not be a witness against the defendant in the
appeal in said court, upon the trial of such appeal.

Sec. 102. When any defendant convicted of either of the said offences, or any
person dissatisfied with the verdict as aforesaid, appeals to the circuit court, it shall
be the duty of the justice to return to the clerk when he returns the papers in the
case, the names of all material witnesses who shall have testified on the trial, and
the clerk shall issue subpoenas for them.

Sec. 103. When the case is removed into the circuit court, as provided by the
one hundred and first section, the party removing it shall cause a summons to be
issued and served upon the defendant, notifying him of the appeal ; and if the de-
fendant can not be found in the county, to serve said process upon, the case shall not
be continued ; but the court shall cause his appearance to be entered, and proceed to
trial, as though the defendant were present, and had filed the plea of not guilty.

Sec 104. If any person accused of either of the above offences shall confess
himself guilty, the jury, or the justice, if he shall not require a jury, shall hear
the evidence and assess the fine ; and the justice shall enter judgment and issue
execution, subject to appeal as in other cases.

Sec 105. No person shall be proceeded against for the commission of any of
the offences herein enumerated, after the expiration of twelve months from the
time the offence was committed, unless such offender shall withdraw himself from
the county for the purpose of avoiding trial, in which case he shall be tried at any
time within twelve months after his return or apprehension.

Sec 106. It shall be the duty of each of the justices of the several counties to
return to the county commissioners' court, at each regular term thereof, a list of all
fines before them assessed, stating the name or names of the defendant or defend-
ants, and of the constable or constables charged with the collection of said fine or
fines, to enable the said court to settle with the said constables; and a failure of
any such justice, before whom any fine shall have been assessed under the provi-
sions of this chapter, to make such return, shall work a forfeiture of double the
amount of the fines assessed before him, to be recovered as prescribed in the suc-
ceeding section.

JUSTICES AND CONSTABLES. 331

Sec. 107. The constable charged with the collection of any such fine, shall
account for and pay over to the county commissioners' court, at every regular
term thereof, all moneys which he may have so collected ; and upon a failure to do
so, he shall forfeit and pay double the amount of money so received, to be recover-
ed in the name of the county commissioners of the proper county for the use of
the county, in any court having jurisdiction thereof. The constable shall also be
authorized to receive all fines before execution issued, and shall account therefor,
and pay over the same in the same manner, and under the same penalties as before
provided.

Sec 108. The county commissioners' courts shall pay over to the county treas-
urers respectively, all moneys by them received as aforesaid, and take their receipts
therefor ; which receipts shall be deposited with the clerks of said courts, and by
them preserved : and the county treasurers shall account for said moneys in the
same manner that they account for other public money by them received.

Sec. 109. In all criminal prosecutions before a justice of the peace, where the
party accused shall be found not guilty, and it shall appear to the justice before
whom such case shall be tried, that there was no reasonable ground for said pro-
secution, and that it was maliciously entered, that in such case, the justice of the
peace is hereby authorized to give judgment against the complainant for the costs
of said suit, and issue execution thereon.

Sec 110. When the docket and papers of any justice of the peace shall be
transferred to any other justice of the peace, as provided in section one hundred
and twelve of this chapter, such justice receiving the same may proceed to the
completion of all unfinished business, the issuing of execution upon judgments re-
maining unsatisfied upon such docket, and collect the same, and have the same
power in respect of such docket and papers as if the same pertained to proceedings
originally instituted before him.

Sec 111. The same articles of personal property shall be exempt from execu-
tions issued under the provisions of this chapter, and subject to the same restric-
tions as is provided in chapter fifty-seven of the Revised Statutes ; except as spe-
cified in the ninety-seventh section of this chapter.

Sec 112. When any justice of the peace shall resign his office, or remove
from the county or district in which he was elected, it shall be his duty to deliver
over his docket and papers relating to the business transacted before him, to the
nearest justice of the peace of his county, and to return to the office of the clerk
of the county commissioners' court, all copies of the statutes which he may have
received from that office ; and in case of the death of any justice of the peace, it
shall be the duty of the person having possession of said docket, papers and stat-
utes, to deliver them over as aforesaid.

Sec 113. Any constable to whom an execution shall have been delivered, and
whose term of office shall expire before the expiration of the time within which the
return of such execution is required by law, shall be authorized to proceed in all
matters relating to said execution, and in the same manner to collect the same, that
he might have done, had the term of office of such constable not have expired ; and
the constable and sureties shall be liable for any neglect of duty, and for all moneys
collected upon such executions in the same manner, and to the same extent they
would have been if the term of office of such constable had not expired.

Sec 114. All bonds given by justices of the peace and constables shall remain
in force five years after the expiration of their respective terms of office, and when

332 JUSTICES AND CONSTABLES.

such bonds are renewed, or new bonds are given, such renewal or giving of a new
bond shall not satisfy or vacate any such previous bond, but each bond shall stand
good in relation to all matters and things done or omitted to be clone, within the
term of office for which such bond shall have been given : Provided, That where
by law, any justice or constable shall be authorized or required to complete any
business, or performing any duties growing out of business commenced, and in
their hands previous to going out of office, the bond shall apply to such cases un-
til such business is concluded by such justice or constable.

Sec. 115. Any justice of the peace, failing or refusing to deliver any statutes,
books, dockets or papers as required by this chapter, for the space of ten days af-
ter the same are demanded, shall forfeit and pay the sum of ten dollars, to be recov-
ered by an action of debt in the name of the county commissioners' court, for the
benefit of the county ; besides being, together with his securities in his official
bond, liable to the county and to all persons interested, for all damages and losses
which may be sustained by reason of such failure or refusal.

Sec 116. Upon the failure of a justice of the peace or constable to pay over
any money, by him collected or received, as herein provided, to any^ferson entitled
to receive the same, his or her agent or attorney, such person may proceed against
such justice or constable in a summary way, either before a circuit court or some
justice of the peace of the proper county, by motion, upon giving to such justice or
constable five days' notice of the application ; and recover the amount so neglected
or refused to be paid, with twenty per cent, damages thereon, for such detention,
and shall have execution therefor.

Sec. 117. If any justice or constable against whom proceedings shall have been
commenced, as provided in the preceding section, shall pay or satisfy the amount
claimed by the party prosecuting, with the costs, the proceedings shall be dismissed,
and without judgment for the damages specified in the preceding section. •

Sec 118. If any constable shall neglect or fail to return an execution within
ten days after its proper return day, or if the demand, debt or claim be wholly or in
part lost, or if any special damage shall arise to any party by reason of the neglect
or refusal to act, or the misfeasance or nonfeasance of any constable in the discharge
of any official duty, the party aggrieved may have his action in the circuit court ; or,
when the amount claimed does not exceed one hundred dollars, before any justice
of the peace of the proper county, against such constable and his sureties on the
official bond of such constable, and shall recover thereon the amount of said execu-
tion, with interest from the date of the judgment upon which the original execution
issued.

Sec 119. In suits on the official bonds of justices of the peace and constables,
a copy of such bond, authenticated under the official signature and seal of the county
commissioners' clerk, with whom it is filed, may be read in evidence.

Sec 120. When judgment shall have been rendered against any justice of the
peace or constable and his securities on his official bond, execution may issue against
all of them, but the officer executing the same shall not levy upon the property of
the securities until he shall fail to find sufficient property of the justice of the peace
or constable to satisfy such execution : Provided, hoivever, The execution shall be a
lien upon the property of the securities as in other cases.

Sec 121. In all cases of suits on the official bonds of justices of the peace and
constables, judgment shall be entered for the full penalty of the bond, in favor of
the county commissioners' court, but execution shall only issue for the amount found
to be due, with interest and costs.

LANDLORD AND TENANT.

333

Sec 122. After such judgment is obtained, the court may from time to time,
award execution against the defendant or defendants, for any breach of the condi-
tions of their bond, or for the violation of any of the provisions of this chapter.
No such subsequent execution shall, however, be issued until the defendants shall
be summoned by a writ of scire facias, in the usual form, to appear and show cause,
why such execution shall not be awarded.

Sec 123. Securities shall not be liable in execution beyond the amount of the
penalty of their bond, but the liability of the principal shall continue after the pen-
alty of the bond is exhausted, and the court may continue to award execution as
occasion shall require.

Sec 124. Justices and constables, and their securities, may have the benefit of
appeal, certiorari, and writ of error, from all decisions and judgments rendered in
suits against them as is provided in other cases.

Approved : March 3, 1845.

[Amended : — See Appendix, Acts Nos. 7, 17 and 18.]

CHAPTER LX.

LANDLORD AND TENANT.

Section

1. Reasonable rent for lands held without special

agreement, may be collected.

2. Persons holding over by collusion with tenant,

to pay double rent.

3. Tenant not quitting premises according to notice

by him given, to pay double rent.

4. If a half year's rent be due, landlord may com-

mence action of ejectment ; effect of judg-
ment in such action ; if tenant pays arreara-
ges and costs, suit to be discontinued.

5. Tenant sued in ejectment by other than land-

lord, to give landlord notice.

6. Distress for rent, how landlord shall proceed in

Section

case of; entry of amount due by clerk of
court or justice; sale; return.

7. Property of tenant in county may be seized, but

not the property of other persons.

8. Crops, lien of landlord upon, for rent.

9. Abandonment of premises, how landlord may

proceed in case of, as to crops thereon.

10. When defendant shall not replevy property in

rive days, how property to be disposed of; no-
tice of sale ; sale ; overplus to be restored.

1 1 . Perishable property, how officer may dispose of.

12. What property is exempt from distress for

rent.

Section 1. In all cases in which rent may be due and in arrear, on a lease for
life or lives, and where lands shall be held and occupied by any person without any
special agreement for rent, it shall and may be lawful for the owner or owners of
such lands, or his, her or their executors or administrators, to sue for and recover
such rent, or a fair and reasonable satisfaction for such use and occupation, by ac-
tion of debt or assumpsit, in any court having jurisdiction thereof.

Sec 2. If any tenant or tenants for life, lives, or for years, or any person or
persons who are, or shall come into possession of any lands, tenements or heredit-
aments, by, from or under, or by collusion with such tenant or tenants, shall wilfully
hold over any lands, tenements or hereditaments, after the expiration of such term
or terms, and after demand made, and notice in writing given, for the possession
thereof, by his, her or their landlord or landlords, lessor or lessors, or the person
or persons to whom the remainder or reversion of such lands, tenements or heredi-

334 LANDLORD AND TENANT.

tainents shall belong, such person or persons so holding over, shall for the time
such landlord or rightful owner be so kept out cf possession, pay to the person or
persons so kept out of possession, or their legal representatives, at the rate of double
the yearly value of the lands, tenements or hereditaments so detained as aforesaid,
to be recovered by action of debt or otherwise, in any court having cognizance of
the same.

Sec. 3. If any tenant or tenants shall give notice of his, her or their intention
to quit the premises, by him, her or them holden, at a time mentioned in such notice,
at which the tenant would have a right to quit by the lease, and shall not accord-
ingly deliver up possession thereof, the said tenant or tenants shall pay to the land-
lord or lessor, double the rent or sum which would otherwise have been due, to be
collected in the same manner as the rent otherwise due should have been collected.
Sec 4. In all cases between landlord and tenant, where one-half year's rent
shall be in arrear and unpaid, and the landlord or lessor to whom such rent is due,
has right by law to re-enter for non-payment thereof; such landlord or lessor may,
without any formal demand or re-entr}^, commence an action of ejectment for the re-
cover}- of the demised premises. And incase judgment be given for the plaintiff
in such action of ejectment, and the writ of possession thereon be executed there-
on, before the rent in arrear and costs of suit be paid, then the lease of such lands
shall cease and be determined, unless such lessee or lessees shall, by writ of error,
reverse the said judgment, or shall by bill, filed in chancery, within six months after
the rendition of such judgment, obtain relief from the same : Provided, That any such
tenant or tenants may, at any time before final judgment on said ejectment, pay or
tender to the landlord or lessor of the premises, the amount of rent in arrear, and
costs of suit, and the proceedings on such ejectment shall thereupon be discon-
tinued.

Sec 5. Every tenant who shall, at any time be sued in ejectment, by any per-
son other than his or her landlord, shall forthwith give notice thereof to his or her
landlord, or to his or her agent or attorney, under the penalty of forfeiting two
years' rent of the premises in question, or the value thereof, to be recovered by
such landlord, by action of debt, in any court having cognizance thereof.

Sec 6. In all cases of distress for rent, the person making the same, shall im-
mediately file with some justice of the peace, incase the amount claimed does not
exceed one hundred dollars, or with the clerk of the circuit court, in case it
exceeds that sum, a copy of the distress warrant, together with an inventory of the
property levied upon ; and thereupon the party against whom the distress warrant
shall have been issued, shall be duly summoned, and the amount due from him
assessed and entered upon the records of the court finding the same. The said
court shall certify to the person or officer making the same, the amount so found
due, together with the costs of court ; and said officer shall thereupon proceed to sell
the property so distrained, and make the amount thus certified to him, and return
the certificate so issued to him, with an indorsement thereon of his proceedings,
which return and certificate shall be filed in the proper court.

Sec 7. In all cases of distress for rent, it shall be lawful for the landlord, by
himself, his agent or attorney, to seize for rent, any personal property of his tenant
that may be found in the county where such tenant shall reside ; and in no case shall
the property of any other person, although the same may be found on the premises,
be liable to seizure for rent due from such tenant.

LANDLORD AND TENANT. 335

Sec. 8. Every landlord shall have a lien upon the crops, growing or grown upon
the demised premises in any year, for rent that shall accrue for such year.

Sec. 9. In case of the removal or abandonment of the premises or any part
thereof, by such tenant, all grain or vegetables, grown or growing upon any part of
the premises so abandoned, may be seized by the landlord, his agent or attorney, be-
fore the rent is due ; and the landlord so distraining, shall cause the grain or vegeta-
bles so growing, to be properly cultivated and perfected, and in all cases husband
such grain or vegetables, grown and growing, until the rent agreed upon shall be-
come due, when it shall be lawful for such landlord, his agent or attorney, to sell
and dispose of the same as in other cases of seizure, after the rent shall have become
due, and also to retain a just compensation for his care, culture and husbanding of
such grain or vegetables : Provided, That such tenant may at any time redeem the
property so taken before the rent is due, by tendering the rent agreed upon, and
all reasonable expenses attending the same, for care, cultivation and husbandry as
aforesaid, or replevy the same, as in case of seizure, where the rent is due.

Sec 10. When any goods or chattels shall be distrained for rent, and the tenant
or owner of the goods so distrained shall not, within five days after such distress
taken, and notice thereof, and the cause of taking, replevy the same, with sufficient
security according to law, the person distraining, or his agent duly authorized,
may, with the sheriff or constable of the county, cause the goods and chattels so dis-
trained to be appraised by two reputable freeholders under oath ; which oath may
be administered by such sheriff or constable, to appraise said goods and chattels,
according to their best judgment and understanding; the person making such dis-
tress, after having obtained such assessment, as specified in section six of this chap-
ter, and on giving ten days' notice, may sell such goods and chattels at public auction,
and after retaining the amount of rent distrained for, and the costs of distress and
sale, shall pay the overplus, if ai:ry there be, to such tenant or tenants.

Sec 11. Any landlord distraining, or officer or other person, in whose hands
perishable property may be, when there is danger that the same will perish or be
lost if it shall remain undisposed of until the conclusion of the suit, such landlord,
officer or other person may sell the same as provided in the preceding section, and
after paying the costs attending such sale, shall pay over the balance to the person
or persons to whom the same shall' be clue.

Sec 12. The same articles of personal property which are by law exempt from
execution, except the crops grown or growing upon the demised premises, shall also
be exempt from distress for rent.

Approved : March 3, 1845.

CHAPTER LXL
LANDS.

1. Contracts for sale of improvements on govern- ] 3. When land claimed is in separate parcels, how

ment lands, valid. held.

2. Possession of government lands, in certain | 4. Restriction as to unsurveyed land.

suits, deemed to extend to three hundred and I 5. Such claim not to be good against a bona Jlde

twenty acres of unsurveyed land, or one hun- j purchaser, or pre-emption claimant,

dred and sixty acres of surveyed land, if such ' 6. Duty of county commissioners' clerks to trans-
be the custom of the neighborhood. mit lists of unlisted lands to auditor.

Section 1. All contracts, promises, assumpsits or undertakings, either written
or verbal, which shall be made hereafter in good faith and without fraud, collusion
or circumvention, for sale, purchase or payment of improvements made on the lands
owned by the government of the United States, shall be deemed valid in law or
equity, and may be sued for and recovered as in other contracts.

Sec. 2. The possession of any person settled on unsold lands of the United
States, may, in actions of trespass, trespass quart clausum f regit, forcible entry and
detainer and ejectment, (and in the absence of a paper title,) extend to three
hundred and twenty acres of unsurveyed lands, or one hundred and sixty acres of
surveyed lands, (if the custom of the neighborhood extend to so many acres.)

Sec. 3. When such claim is made of surveyed lands, lying in separate parcels,
the person claiming the same shall not have the benefit of the preceding section,
unless he shall reside on or near the same, nor unless it be so plainly marked
that it can be plainly designated and distinguished from adjacent lands.

Sec 4. If such claim be made of unsurveyed lands, the person claiming the
same shall not have the benefit of the second section, unless such lands be so
plainly marked and designated, as to be distinguished from adjacent lands.

Sec 5. But such claim shall not be pleaded or set up in bar of any action, at
any time commenced or to be commenced by a bona fide purchaser or purchasers
of such lands from the United States, or person entitled to the right of pre-emption
on the same, under any act of Congress now in force, or hereafter to be in force.

Sec 6. In all cases where the clerk of any county commissioners' court
of this State, shall come in possession of the fact, that there is land situated
in the county in which he is acting as clerk, which land has not. been transmitted to
said clerk, by the auditor of State, and which has been actually granted to any per-
son or persons, and which has not been listed by any person, and that taxes are due
and owing the State or county, which remain unpaid, said clerk shall proceed to list
the same in the name of the person or persons to whom said lands were granted ;
and shall proceed to advertise and sell the same for taxes, as other non-resident lands

are now sold.

Approved : March 3, 1845.

CHAPTER LXII
LAWS.

Section Section

1. Common and statute law of England, how far to 8. Clerks of county commissioners' courts to give

be of force in this State. receipts for laws received by them for distri-

2. Bills, how to become laws, notwithstanding the bution.

objections of the council of revision. 9. Clerk to distribute laws to persons entitled thereto.

3. Bills not returned by council in ten days, to be- 10. County olficer, on going out of office, to return

come laws; how authenticated by secretary of i copies of laws to clerk; in case of his death,

State. his heirs, &c, to return them ; penalty for

4. If General Assembly adjourn before bill is re- neglect, and how recovered.

turned, how it may become law; how to be ! 11. Accounts of expenditures, and titles of acts to

authenticated. be published with laws.

5. Governor to transmit laws of this State, to Gov- | 12. Journals to be distributed to counties according

ernors of other States, for exchange. to population; one hundred copies to kept in

6. Expenses of such exchange, how paid. secretary's office.

7. Copies of laws published, how disposed of; | 13. Secretary of State to distribute congressional

what officers entitled thereto ; expense of dis- i land documents,

tribution, how paid. I 14. Also, acts of congress.

Section 1. The common law of England, so far as the same is applicable
and of a general nature, and all statutes or acts of the British parliament made in
aid of, and to supply the defects of the common law, prior to the fourth year of
James the First, excepting the second section of the sixth chapter of forty-third
Elizabeth ; the eighth chapter of thirteenth Elizabeth, and ninth chapter of thirty-
seventh Henry eighth ; and which are of a general nature and not local to thai
kingdom, shall be the rule of decision, and shall be considered as of full force, until
repealed by legislative authority.

Sec. 2. Whenever a bill which shall have passed both houses of the General
Assembly, shall be returned by the council of revision, with objections thereto, and
upon reconsideration, shall pass both houses by the constitutional majority, it shall
be authenticated as having become a law, by a certificate thereon, to the following
effect : "This bill having been returned by the council of revision with objections
thereto, and after reconsideration, having passed both houses by the constitutional
majority, it has become a law, this day of ;" which being signed by

the speakers of the senate and of the house of representatives, respectively, shall
be deemed a sufficient authentication thereof ; whereupon, the bill shall be presented
to the Governor, to be by him deposited with the laws in the office of the secretary
of State.

Sec. 3. Every bill which shall have passed both houses of the General Assem-
bly, and shall not be returned by the council of revision within ten days, having
thereby become a law, shall be authenticated by the Governor, causing the fact to
be certified thereon by the secretary of State, in the following form : "This bill hav-
ing remained with the council of revision ten days, (Sundays excepted,) and the
General Assembly being in session, it has become a law this day of

C. F., Secretary of State."

Sec. 4. Whenever the General Assembly shall, by their adjournment before
the expiration of ten days after the passage of any bill, render the return of such
22

338 LAWS.

bill by the council of revision within that time impracticable, and the same shall not
be returned on the first day of the next meeting of the General Assembly, and shall
thereby become a law, the fact shall be authenticated in the manner provided in the
preceding section.

Sec. 5. It shall be the duty of the Governor of this State, for the time being,
so soon as the acts of the General Assembly of this State, after each and every
session thereof, shall have been published, to transmit, free of postage, to the ex-
ecutive of each State and territory of the United States, and to the secretary of
State of the United States, three copies of the acts of the General Assembly of
Illinois, at such session, and request a like interchange by the several States : Pro-
vided, That when such request has heretofore been made, it shall not be the duty
of the Governor again to make it.

Sec 6. Any expense incurred by virtue of the preceding section, shall be paid
out of the contingent fund, reserved in the State treasury, to be drawn by warrant
from the auditor on the certificate of the Governor, from time to time, as the case
shall require.

Sec. 7. The secretary of State, on the completion of the printing and binding
of the acts of the General Assembly of this State, shall reserve two hundred and
fifty copies thereof in his office, subject to the disposition of any future General
Assembly. He shall cause to be delivered to the Governor, Lieutenant Governor,
auditor of public accounts, State treasurer, each of the justices of the supreme
court, attorney general, circuit attorneys, secretary of the senate and clerk of the
house of representatives, engrossing and enrolling clerks of each house, one copy
each. He shall transmit by some person or persons with whom he may contract
for the purpose, a sufficient number of copies to the clerk of the county commis-
sioners' court of each county, to be distributed among the different civil officers of
the county and members of the General Assembly residing therein, allowing one
for each probate justice, county commissioner, coroner, clerk of a court, county
treasurer, sheriff, justice of the peace, county surveyor, constable, county recorder,
school commissioner, and member of the General Assembly residing in the county ;
and there shall also be delivered to the clerk of the circuit court of each county, two
copies for the use of the court, grand jury, and bar ; and the surplus copies, if any,
shall be by said clerk of the county commissioners' court carefully kept and pre-
served, to be distributed as may be hereafter directed by law ; and the reasonable
expenses attending such distribution shall be paid out of the State treasury.

Sec. 8. The clerks of the several county commissioners' courts, on receiving
the laws for distribution as aforesaid, shall give their receipts for the same ; which
receipts shall be filed in the secretary's office by the person by whom the said laws
were distributed, before he shall be entitled to payment for distributing the same.

Sec. 9. The clerks of the several county commissioners' courts shall, upon the
request of any person who may be entitled to a copy of the laws as aforesaid, de-
liver to him such copy, taking his receipt for the same : but no person shall be en-
titled to more than one copy, although he may hold several offices.

Sec 10. Upon the expiration of the term of service, resignation or removal
from office, of any county officer, it shall be his duty to return to the clerk of the
county commissioners' court of his county, for the use of his successor in office,
the copy or copies of the laws of this State, received by him in pursuance of this
chapter, and in case of the death of any such officer, the said copy or copies of the
laws shall be returned as aforesaid, by his executors or administrators. If any.

LIBRARY— STATE.

339

such officer, his executors or administrators, shall refuse or neglect, for three months
after the happening of such vacancy as aforesaid, to return the said copy or copies
of the laws, to the clerk of the county commissioners' court as aforesaid, it shall
then be the duty of said clerk to sue for the same, before some justice of the peace,
and he shall recover for the use of the county, the sum of four dollars for each
copy so detained, with costs of suit. No person, however, while he continues to
hold any office, which entitles its incumbent to a copy of the laws, shall be requir-
ed to return his copy of the same as aforesaid.

Sec. 11. There shall be added to each copy of the laws published in conformity
to this chapter, an accurate account of the receipts and expenditures of the public
moneys for the two years preceding the session of the General Assembly at which
were passed the laws comprised in such copy. The volume hereby required to be
published, shall also contain the title of every act of a private or temporary nature
passed at such session.

Sec 12. The journals of the General Assembly shall be distributed among the
several counties according to the number of white inhabitants, reserving in the
office of the secretary of State one hundred copies.

Sec. 13. It shall be the duty of the secretary of State to distribute with the
laws of the General Assembly, to each of the clerks of the county commissioners'
courts in this State, excepting those counties to which the same shall have already
been' sent, one set of the documents, legislative and executive, of the Congress of
the United States, in relation to the public lands, to be kept by said clerks in their
offices for the use of the people of their respective counties.

Sec 14. The secretary of State shall also send to each senatorial district in
this State, to which the same shall not have already been sent, one copy of the acts
of Congress, from eighteen hundred and twenty-two to the present time, to be de-
posited with the clerk of the county commissioners' court where the votes for said
district are canvassed, for the use of the people of sajd district, and hereafter with
each distribution of the laws of this State there shall be sent out as aforesaid, to
each of said districts, one copy of the acts of Congress which may hereafter be re-
ceived.

Approved : March 3, 1845.

CHAPTER LXIII.
LIBKAKY-STATE.

Section
1 . Books of State to be kept by secretary of State,

except those kept by clerk of the supreme

court.
*. Secretary to be librarian ; his duties.

3. Who may take out books.

4. Librarian to keep register ; how long books may

be retained.

Section

5. Penalty for improperly retaining or injuring

books ; auditor to withhold pay of members
of assembly, until all books are returned.

6. Fines, &c, how recovered and disposed of;

entries of librarian to be evidence in suits for
the recovery of penalties.

340 LIBRARY— STATE.

Section 1. The books now belonging to the State, and such as shall be here-
after purchased or received by the State, except the law books now in the custody
of the clerk of the supreme court, and such additions as hereafter may be made to
them, which shall remain under the direction and control of the supreme court,
shall be kept in the office of the secretary of State, and shall compose the State
library.

Sec 2. The secretary of State shall be librarian, and take charge of the libra-
ry and all papers, maps and charts properly belonging thereto, under such regula-
tions as are hereinafter established, and shall take special care that none of them be
lost or injured.

Sec. 3. Books may be taken from the State library by the members of the
General Assembly and its officers during the session of the legislature, and at
any time by the Governor and the officer of the Executive department of this State,
who are required to keep their offices at the seat of government, the justices of
the supreme court and attorney general : Provided, That no person shall be per-
mitted to take or detain from the library more than two volumes of miscellaneous
works at any one time.

Sec 4. The librarian shall cause to be kept a register of all books issued and
returned at the times they shall be so issued and returned, and none of the books
except the laws, journals and reports of this State, which may be taken from the
library by members of the legislature or its officers, during the session, shall be
retained more than two weeks, and all the books taken by members of the General
Assembly or its officers, of every kind, shall be returned at the close of the
session.

Sec 5. If any person injure or fail to return any book taken from the library,
within the time prescribed in the foregoing section, he shall forfeit and pay to the
librarian, for the benefit of the library, three times the value thereof, or of the set
to which it belongs ; and before the auditor shall issue his warrant in favor of any
member or officer of the General Assembly, for his services during the session,
he shall be satisfied that such member or officer has returned all books taken out of
the library by him, and has settled all accounts for injuring such books or other-
wise.

Sec 6. All fines and forfeitures accruing under and by virtue of this chapter,
shall be recoverable by action of debt before any justice of the peace or court hav-
ing jurisdiction of the same, in the name of the people of the State of Illinois,
for the use of the State library ; and in all such trials, the entries of the librarian, to
be made as hereinbefore described, shall be evidence of the delivery of the book or
books, and of the date thereof; and it shall be his duty to carry the provisions of
this chapter into execution and sue for all injuries done to the library, and for all

penalties under this chapter.

Approved: March 3, 1845.

CHAPTER LXIV.

LICENSES.

Section

1. No person permitted to sell without license.

2. County commissioners' court may grant licen-

ses.

3. Extent of such licenses.

4. If court be not in session, clerk may grant li-

cense; its provisions and time.

5. Court at next term to examine license granted

by clerk.

6. Penalty for selling without license.

7. Preceding section not to apply to certain per-

sons.

8. What trade with Indians prohibited.

9. Groceries, on what conditions licensed.

10. Court may reject or grant application.

11. Court may revoke license for violation of law.

12. Grocery keeper not to sell liquors in more than

one place.

13. What deemed a grocery.

14. Authorities of incorporated towns, have exclu-

sive control of licenses.

15. Penalty for selling liquor without a license;

proviso concerning fine.

16. Penalty for selling liquor to Indians.

Section

17. Accounts of over fifty cents for liquor to be

void, if made for liquor sold in less quantities
than one quart.

18. Grocery keeper punished for keeping disorderly

house.

1 9. General provisions against selling spirituous li-

quors.

20. Penalty for selling to minors.

21. Penalty for selling to servants without consent

of masters.

22. Agents of foreign insurance companies to notify

clerk of county commissioners' court of their
appointment.

23. Such agents to pay tax of three per cent, on

premiums; money thus collected, how dis-
posed of.

24. Penalty if agent fail to pay.

25. Officers collecting fines to pay money into coun-

ty treasury.

26. Prosecutors may be witnesses.

27. Penalties, how collected and disposed of.

28. Appeals and writs of error allowed.

Section 1. No merchant, auctioneer, peddler or other person or persons, com-
pany or corporation, shall be permitted to sell, vend or retail, either at private sale
or public auction, any goods, wares or merchandize, without having first obtained a
license for that purpose as hereinafter provided.

Sec. 2. The county commissioners' courts of the respective counties in this
State shall have power to grant such licenses, on the payment into the county treas-
ury by the applicant for such license, of a sum to be assessed by said court, not
less than five, nor more than one hundred dollars.

Sec 3. Such license shall authorize the person receiving it, to vend, sell and
retail goods, wares and merchandize within said county for the space of one year,
from the time of granting the same.

Sec. 4. If the county commissioners' court shall not be in session when the
application is made, the clerk may grant a written permission to the applicant to
vend, sell and retail a;oods, wares and merchandize until the end of the next term
of the court, or if the court take no action upon the case, for the term provided in
the third section of this chapter. At the time of granting such permission the clerk
may assess the amount to be paid by the applicant, which shall be paid into the
county treasury accordingly.

Sec 5. When a permission shall be granted by the clerk in vacation as afore-
said, it shall be the duty of the county commissioners' court, at their next term
thereafter, to examine such permit, and if approved to proceed forthwith to assess
the amount to be paid for license, to be paid as in the case of original applications.
But if the court do not approve the same, the license shall be vacated, and no other
sum shall be required to be paid, than that fixed by the clerk.

342 LICENSES.

Sec. 6. If any person or persons, company or corporation shall, directly or in-
directly, keep a store, or sell, vend or retail any goods, wares or merchandize,
without being first duly authorized by license or permit as aforesaid, such person
or persons, company or corporation so offending, shall forfeit and pay any sum, not
exceeding one hundred, nor less than ten dollars.

Sec. 7. The preceding section shall not be construed to extend to the sale of
goods, wares and merchandize, by persons who are not merchants, auctioneers,
grocers, grocery keepers or peddlers, nor to merchants who pay an annual tax upon
merchandize, assessed according to the revenue laws of this State, nor to persons
who sell commodities manufactured by themselves in this State.

Sec. 8. No citizen of this State, or other person or persons, shall purchase of,
or otherwise trade or barter with any Indian or Indians in this State, for any fire
arms, knives, tomahawks, blankets or horses, under the penalty of not less than
twenty dollars nor more than one hundred dollars for every such offence, recoverable
before any court of competent jurisdiction : the one-half part thereof for the use of the
county in which such offence is committed, and the other half to the person informing.

Sec 9. County commissioners' courts may grant licenses to keep groceries
upon the following conditions, to-wit : First, the applicant shall pay into the county
treasury, for the privilege granted, a sum, not exceeding three hundred dollars nor
less than twenty-five dollars, in the discretion of the court; Second, the applicant
shall execute bond, in the penalty of five hundred dollars, with one or more secu-
rities, to be approved by the court, conditioned that the applicant will keep an
orderly house, and that he will not permit any unlawful gaming or riotous conduct
in his house.

Sec. 10. Upon applications for licenses to keep groceries, the court may reject
or grant the same in their discretion.

Sec 11. County commissioners' courts shall have power, upon complaint being
made to them, to revoke any license granted to keep a grocery, whenever they may
be satisfied that the privileges granted have been abused, or that the person to
whom the license was granted, has violated the law.

Sec 12. Licenses granted to keep groceries, shall not authorize the person ob-
taining the license, to vend or sell spirituous or vinous liquors in more than one
place or house, and every license shall describe the house and place intended to be
occupied.

Sec 13. A grocery shall be deemed to include all houses and places where
spirituous or vinous liquors are retailed by less quantities than one quart.

Sec 14. The president and trustees of incorporated towns, shall have the exclu-
sive privilege of granting licenses to groceries within their incorporated limits ; and
all sums of money which may be received for licenses granted as aforesaid, shall
be paid into the county treasury.

Sec 15. Every person, not having a legal license to keep a grocery, who shall
barter, sell, exchange or otherwise dispose of, for his gain or benefit, any vinous,
spirituous or mixed liquors in less quantities than one quart, or shall permit the
same to be done on his premises, for his gain and benefit, shall forfeit and pay the
sum of ten dollars for each offence, together with costs of suit, one-half to any per-
son who shall give information, the other half to be paid into the county treasury :
Provided, That a conviction under the one hundred and thirty-second section of
chapter thirty of the Revised Statutes, shall bar any suit under this section for the
same offence; and judgment under the provisions of this section shall be an effectual bar
to a prosecution under the provisions of the said one hundred and thirty-second section.

LICENSES. 343

Sec. 16. No grocer or retailor of spirituous liquors, or other person or per-
sons, shall sell, exchange, or otherwise deliver to any Indian or Indians, within the
boundaries of this State, any spirituous liquors, under the penalty of twenty dollars
for every such offence, the one-half thereof for the use of the county wherein the
offence is committed, and the other half for the person informing.

Sec 17. All accounts of grocers or other retailers of spirituous liquors in this
State, for liquors by them or their agents retailed, sold or delivered, for a greater
or higher amount than fifty cents, shall be void ; and no court shall entertain
jurisdiction of any account of any grocer or other retailer as aforesaid, in which
there shall be more than fifty cents charged for liquor.; and if any grocer or retailer
of spirituous liquors, shall sue for or otherwise claim of or from any one person in
this State, a greater or higher amount than fifty cents for spirituous liquors, the
claim shall be void: Provided, That nothing in this section contained, shall prevent
any grocer, retailer or other person as aforesaid, from selling spirituous liquors
larger in quantity than one quart, and suing for and recovering pay for the same.

Sec 18. Every person licensed to keep a grocery who shall knowingly suffer
any disorder, drunkenness, or unlawful games whatever, in such his, her or their
houses, his, her or their license or licenses shall be suppressed by the county com-
missioners' court.

Sec. 19. No person or persons other than such as are or shall be qualified so
to do by this law, shall presume, under any color of pretence, to sell, barter with
or deliver any wine, rum, brandy or other spirits, or any mixed or strong liquors,
to be used, or within his, her or their houses, yards or sheds, or to be with his, her
or their knowledge, privity or consent, used or drank in any shelter, places or
woods, near or adjacent to them, by companies of servants, slaves or others ; nor to
retail or 11 to any person or persons any rum, brandy or other spirits, by less
quantity or measure than one quart, the same liquors being respectively delivered to
one person, and at one time, without any collusion or fraud, contrary to the true
intent and meaning of this law ; and any person offending against the provisions of
this section, shall be subject to all the penalties which are herein provided against
selling without a license.

Sec 20. If any grocery keeper or other retailer of liquors, shall receive, har-
bor, entertain or trust any minor or any servant, knowing them or either of them
to be such, or after having been cautioned or warned to the contrary by the
parent, guardian, master or mistress of such minor or servant, in the presence of
one or more credible witnesses, such grocery keeper or retailer of liqi ors so offen-
ding shall, for the first or second offence, being duly convicted thereof, forfeit and
pay the sum of three dollars for every such offence, over and above the loss and
forfeiture of any debt such minor or servant shall or may contract for liquors or en-
tertainment ; and upon conviction for the third offence, the license obtained by such
offender is hereby declared null and void; and the person so repeatedly offending,
shall forfeit and pay the sum of twelve dollars, on conviction by indictment, to the
use of the county, and be forever after incapable of keeping a grocery or of retail-
ing liquor within the State.

Sec 21. No person shall, by any means, presume to furnish, supply or sell to
any bond servant or slave, any rum, brandy, spirits or any other strong liquors,
mixed or unmixed, either within or without doors, nor shall receive, harbor or en-
tertain any slave or servant in or about his, her or their houses, without special
license had and obtained under the hand of such master or mistress of such slave
or bond servant respectively, under the penalty, for the first offence, of three dollars,

344 LICENSES.

and for every succeeding offence, four dollars, to be recovered on the proof of one
or more credible witnesses, or upon the view of any justice within the respective
counties where the act shall be committed.

Sec. 22. All agents of foreign insurance companies shall, upon their acceptance
of such agencies, signify the same in writing, to the clerk of the county commis-
sioners' court of their respective counties, which notice shall be filed by the clerk
in his office, which shall entitle the agent to grant policies of insurance, according
to the laws governing the company of such agency.

Sec 23. The said agent or agents shall be required to pay over to the clerk of
the county commissioners' court, three per cent, on the amount of premiums charged
by him on all policies by him issued ; and the said clerk shall give to the agent, du-
plicate receipts, one of which the clerk shall retain ; and the said clerk shall enter
the amount so received in a book kept by him for that purpose, designating the time
when and from what agent the same was received ; and the said clerk shall, on the
first day of January and the first day of July annually, (if he has in his hands any
funds so received) make out an abstract cf the same, and shall forward said abstract,
together with the money on hand, to the treasurer of the State of Illinois, who shall
receive the same and enter the amount so received in a book kept by him for that
purpose, with the time when and from what clerk and county the same was receiv-
ed ; and the moneys so received shall be considered as revenue to the State, and by
the treasurer paid out as such.

Sec 24. Any agent failing to pay over to the clerk of the county commission-
ers' court, the per cent, as directed in this chapter, shall subject himself to be fined
double the amount of the premium upon which he failed to pay over the per cent,
as directed in this chapter ; one-half to the informer, and the other half to be paid
over to the clerk of the county commissioners' court, and paid over by him to the
State treasurer, in like manner as the per cent, in this chapter is directed to be paid.

Sec 25. Every magistrate or other officer to whom any fines or penalties impo-
sed by this chapter, shall be paid for the use of the county, shall, at the next term
of the county commissioners' court, make a report of the amount thereof, and pay
the same into the county treasury.

Sec 26. Persons prosecuting or giving information under the provisions of this
chapter, may be competent witnesses on the trial, notwithstanding their interest in
the penalty to be recovered.

Sec 27. Penalties incurred by a violation of the provisions of this chapter may
be recovered by action of debt by summons in the name of the people of the State
of Illinois, for the use of the proper county, before any justice of the peace, or
court of competent jurisdiction of the proper county, upon complaint of any citizen
of such county ; and any justice of the peace or other officer into whose hands such
penalty shall properly come, shall, unless otherwise required by law, make report of
such recovery to the county commissioners' court, and at its next regular term suc-
ceeding the collection of such penalty, pay into the county treasury, the part thereof
which shall be payable to such county, and the remainder to the person informing
or prosecuting.

Sec 28. Appeals and Avrits of certiorari may be taken from proceedings had
under the provisions of this chapter, as in other cases.

Approved: March 3, 1845.

\Superseded, in part : See chapter 89 ; title "Revenue."]

CHAPTER LXV.
LIENS.

Section

. 1. Person building on land or town lot, to have

lien on the same for his labor or materials

furnished.

2. Extent of lien ; limitation as to time.

3. Claimant to file his petition in circuit court, for

an order of sale and payment.

4. What facts petition shall contain; summons to

issue.

5. Court may permit amendments, and exercise

general chancery jurisdiction.

6. Suits to be placed on the common law docket;

summons, how served and returned.

7. Answer to be on oath; issue, how made up and

tried.

8. When defendant to an swer ; testimony.

9. Publication, when sufficient.

10. All interested persons, may become parties to

suit.

11. No preference given to prior contract creditor.

12. Court shall direct disposition of proceeds.

13. When contractor is prevented by default of

owner of land, from fulfilling his contract, he
may recover his proper proportion of the con-
tract price.

1 4. Premises to be divided, if practicable.

16.

17.

Section
15. Creditors whose claims are not due, may be-
come parties, and receive proportion of assets.
Order in which different claims may be tried,

and rights of respective claiman's.
Any estate in the lands improved may be sold
to satisfy lien.
IS. Suits may be maintained by or against heirs,
&c.

19. Claimants may contest each other's rights ; how

such contests to be tried.

20. Subsequent incumbrance not to affect lien ; pri-

or incumbrance to hold only to the extent of
value of land before being improved.

21. Who considered parties in interest.

22. Creditors may contest validity of former incum-

brances.

Chancery rules to be observed, so far as appli-
cable.

Suit to enforce lien to be commenced in six
months after payment due, or not to affect
other creditors.

Right of action at law not affected.

26. Money arising from sale, how distributed ; defi-

ciency, how made up; excess, how applied.

27. Costs, how taxed and apportioned.

23.

24.

25.

Section 1. Any person who shall, by contract with the owner of any piece of
land or town lot, furnish labor or materials for erecting or repairing any building,
or the appurtenances of any building on such land or lot, shall have a lien upon the
whole tract of land or town lot, in the manner herein provided, for the amount due
to him for such labor or materials.

Sec 2. The lien shall extend to all work done and materials furnished under
the provisions of the contract, whether the kind or quantity of the work, or amount
to be paid, be specified or not: Provided, That the time of completing the contract
shall not be extended for a longer period than three years, nor the time of payment
beyond the period of one year, for the time stipulated for the completion thereof.

Sec. 3. When any sum due by such contract shall remain unpaid after the same
is payable, the creditor may, upon bill or petition to the circuit court of the county
in which the land or lot lies, obtain an order for the sale thereof, and for applying
the proceeds of such sale to the discharge of his demand ; and the filing of the bill
or petition in the clerk's office, and suing out a summons thereon, shall be deemed
the commencement of the suit.

Sec. 4. The bill or petition shall contain a brief statement of the contract on
which it is founded, and of the amount due thereon, with a description of the prem-
ises which are subject to the lien, and all other material facts and circumstances ne-
cessary to a full understanding of the rights of the parties, and shall be considered
as the foundation of the plaintiff's action ; and upon the filing of which with the clerk,

346 LIENS.

a summons shall issue thereon against all persons made parties as is required upon
filing bills in chancery.

Sec. 5. For the purpose of bringing all parties in interest before the court, the
court shall have power to permit amendments to any part of the pleadings, and to
issue process, make all orders requiring parties to appear, and requiring notice to
be given by publication in newspapers, that are or may be authorized in procee-
dings in chancery; and the court shall have the same power and jurisdiction over
the parties and subject that are or may be conferred upon courts in chancery in
respect to proceedings before that court.

Sec 6. Suits instituted under the provisions of this chapter, shall be placed
upon the common law docket, and shall stand for trial at the term of the court
to which the summons is made returnable. The summons shall be served by the
sheriff as other process ; but if not served ten days before the return day thereof,
the cause shall be continued, unless the parties agree to a trial at that term of the
court. . .

Sec 7. Defendants, in proceedings under the provisions of this chapter, shall
answer the bill or petition under oath, and the plaintiff shall except or reply to the
answer as though the proceeding was in chancery ; the answer shall be regarded as
the plea of the defendant, and by the replication thereto, an issue or issues shall be
formed, which shall be tried by the court or by a jury under the direction of the
court, as the court may direct or the parties agree.

Sec 8. Every defendant served with process ten days before the return day
thereof, shall answer the bill or petition on or before the day on which the cause
shall be set for trial on the docket, and the issue or issues in the cause shall be
made up under the direction of the court, and oral testimony shall be received as in
cases at law.

Sec 9. Notice given to parties by publication in newspapers, under the direc-
tion of the court, shall be equivalent to personal service of such notice.

Sec 10. In proceedings under this chapter, all persons interested in the subject

~ matter of the suit, or in the premises intended to be sold, may, on application to the

court wherein the suit is pending, become parties at any time before final judgment.

Sec 11. Upon questions arising between different creditors, no preference
shall be given to him whose contract was first made.

Sec' 13« Upon the trial of causes under the provisions of this chapter, the court
shall ascertain the amount due each creditor, and shall direct the application of the
proceeds of sales to be made to each in proportion to their several amounts.

Sec 13. When the owner of the land shall have failed to perform his part of
the contract, and by reason thereof the other party shall, without his own default,
have been prevented from performing his part, he shall be entitled to a reasonable
compensation for as much thereof, as he has performed in proportion to the price
stipulated for the whole, and the court shall adjust his claim accordingly.

Sec 14. If any part of the premises can be separated from the residue, and sold
without damage to the whole, and if the value thereof should be sufficient to satisfy
all the claims proved in the cause, the court may order a sale of that part.

Sec 15. Parties entitled to liens under the provisions of this chapter, whose
claims are not due or payable at the time of the commencement of suit by any other
party, shall be permitted to become parties to the suit, and their claims shall be al-
lowed, subject to a reduction of interest from the date of judgment to the time such
claim is due or payable.

LIENS. 347

Sec 16. In cases under the provisions of this chapter, where there are several
claimants, the issue of law and fact, or either, may the tried separately, and in no
case shall the want of preparation for trial to one claim, delay the trial in respect to
others ; but trials shall be had upon issues between such parties as are prepared,
without reference to issues between other parties ; and when one creditor shall have
obtained a verdict or judgment for the amount due, the court may order a sale of the
premises on which the lien operates, or a part thereof, so as to satisfy the judgment :
Provided, That the court may, for good causes shown, delay making any order of
sale until the rights of all parties in interest shall be ascertained and settled by
the court.

Sec. 17. If the person who procures work to be done, or materials furnished,
has an estate for life only, or any other estate less than a fee simple in the land or
lot on which the work is done, or materials furnished, or if such land or lot, at
the time of making the contract, is mortgaged, or under any other incumbrance,
the person who procures the work or materials, shall nevertheless be considered
as the owner within the meaning of this chapter, to the extent of his right and in-
terest in the premises ; and the lien herein provided for, shall bind his whole estate
and interest therein in like manner as a mortgage would have done ; and the cred-
itor may cause the right of redemption, or whatever other right or estate such •
owner had in the land at the time of making the contraot, to be sold, and the pro-
ceeds of sale applied according to the provisions of this chapter.

Sec. IS. Suits may be instituted under the provisions of this chapter in favor of
administrators or executors, and may be maintained against the representatives in
interest of those against whom the cause of action accrued ; and in suits instituted
under the provisions of this chapter, the representatives of any party who may die
pending the suit, shall be made parties as though it were a suit in chancery.

Sec 19. Upon proceedings under the provisions of this chapter, parties claim-
ing may contest each other's rights as well with respect to amount due, as with res-
pect to their right to the benefit of the lien hereby created ; and upon all questions
made by parties, the court shall require issues of law or fact to be formed, so as to
bring about a speedy decision thereof.

Sec 20. No incumbrance upon land created before or after the making of a
contract under the provisions of this chapter, shall operate upon the building erec-
ted or materials furnished, until the lien in favor of the person doing the work or fur-
nishing the materials shall have been satisfied; and upon questions arising between
previous incumbrances and creditors, under the provisions of this chapter, the pre-
vious incumbrance shall be preferred to the extent of the value of the land at the
time of making the contract, and the court shall ascertain by jury or otherwise, as
the case may require, what proportion of the proceeds of any sale shall be paid to
the several parties in interest.

Sec 21. Parties in interest, within the meaning of this chapter, shall include
all persons who may have any legal or equitable claim to lands or lots upon which
a lien may be attempted to be enforced under the provisions of this chapter.

Sec 22. Creditors who file bills or petitions under the provisions of this chap-
ter, may contest the validity of incumbrances, as well in regard to amount as to
their justice; and any incumbrance, whether by mortgage, judgment or otherwise,
charged and shown to be fraudulent in respect to such creditor, or in respect to
creditors generally, may be set aside by the court, and the premises made subject
to the claim of the creditor freed and discharged from such fraudulent incumbrance.

348

LIMITATIONS.

Sec. 23. In proceedings under the provisions of this chapter, the courts are
vested with all the powers of courts of chancery, and shall be governed by the
rules of proceeding and decision in these courts, so far as that power may be neces-
sary to carry into full and complete effect the provisions hereof, and so far as those
rules of proceeding and decision are applicable to cases and questions presented for
adjudication and decision.

Sec. 24. No creditor shall be allowed to enforce the lien created under the
provisions of this chapter, as against or to the prejudice of any other creditor or
any incumbrance, unless suit be instituted to enforce such lien, within six months
after the last payment, for labor or materials, shall have become due and payable.

Sec 25. Nothing contained in this chapter, shall be construed to prevent any
creditor from maintaining an action at law upon his contract, in like manner as if he
had no lien for the security of his debt.

Sec. 26. If, upon making sale of any premises under this chapter, the proceeds
of such shall not be sufficient to pay the claims of all parties, according to their rights,
the judgment shall be credited by the amount of such sale, and execution may issue in
favor of any creditor, whose claim is not satisfied, for the balance due, as upon a
judgment in actions of debt or assumpsit; and in case of excess of sales over the
amount of judgment, such excess shall be paid to the owner of the land, or to the
person who may be entitled to the same, under the direction of the court.

Sec. 27. The costs of proceeding under the provisions of this chapter, as be-
tween creditors claiming liens and the person against whom the lien is intended to
be enforced, shall abide the event of the suit ; and the costs, as between creditors
aforesaid, in contests relative to each other's claims, shall be subject to the order
of the court, and the same rule shall prevail in respect to costs growing out of pro-
ceedings against and between incumbrancers.

Approved : March 3, 1845.

CHAPTER LXVI.

LIMITATIONS.

Section

1 . What actions limited to five years.

2. What actions limited to two years.

3. Actions for words spoken, limited to one year ;

for malicious prosecution to two years.

4. What actions limited to sixteen years; provis-

ions concerning them.
6. Judgments in courts of record, may be revived
by scire facias within twenty years.

6. Persons having right of entry, to enter within

twenty years.

7. Real, possessory, mixed action, &c, to be

brought in twenty years.

8. What actions relating to real estate, must be

Section

brought in seven years ; provisions in such
cases.
9. Possession, what constitutes.

10. Right of heirs, &c, secured.

11. Persons having certain rights respecting real es-

tate, to make entry within seven years.

12. In case of appeal, writ of error, non-suit, &.C.,

how time to be computed.

13. If defendant be absent from State, time, how to

run.

14. If Person having right of entry, be a minor,

insane, &c, how time to run.

Section 1. All actions of trespass quctre clausum fregit, all actions of trespass,
detinue, trover and replevin, for taking away goods and chattels, all actions for

LIMITATIONS. 349

arrearages of rent, due on a parol demise, and all actions of account, and upon the
case, except actions for slander, and except also, actions for malicious prosecution,
and such actions as concern the trade of merchandize, between merchant and mer-
chant, their factors or agents, shall be commenced within five years next after the
cause of such actions shall have accrued, and not after.

Sec 2. All actions of trespass for assault, battery, wounding and imprison-
ment, or any of them, shall be commenced within two years next after the cause of
such actions shall have accrued, and not after.

Sec 3. Every action upon the case for words, shall be commenced within one
year next after the words spoken, and not after j and every action for malicious
prosecution shall be commenced within two years next after the cause of action
shall have accrued, and not after.

Sec 4. Every action of debt or covenant, for rent or arrearages of rent,
founded upon any lease under seal, and every action of debt or covenant, founded
upon any single or penal bill, promissory note, or writing obligatory, for the direct
payment of money, or the delivery of property, or the performance of covenants, or
upon any award under the hands and seals of arbitrators, for the payment of money
only, shall be commenced within sixteen ye*rs after the cause of such action shall
have accrued, and not after ; but if any payment shall have been made on any such
lease, single or penal bill, promissory note, writing obligatory or award, within or
after the said period of sixteen years, then an action instituted on such lease, single
or penal bill, promissory note, writing obligatory or award, within sixteen years
after such payment, shall be good and effectual in law, and not after.

Sec 5. Judgment in any court of record in this State, may be revived by scire
facias, or an action of debt may be brought thereon, within twenty years next after
the date of such judgment, and not after.

Sec 6. No person who now hath or hereafter may have any right of entry
into any lands, tenements or hereditaments, shall make an entry therein, but within
twenty years next after such right shall have accrued, and such person shall be barred
from any entry afterwards.

Sec 7. Every real, possessory, ancestral or mixed action, or writ of right,
brought for the recovery of any lands, tenements or hereditaments, shall be brought
within twenty years next after the right or title thereto, or cause of such action
accrued, and not after.

Sec 8. Every real, possessory, ancestral or mixed action, or writ of right,
brought for the recovery of any lands, tenements or hereditaments of which any
person may be possessed by actual residence thereon, having a connected title in
law or equity, deducible of record, from this State or the United States, or from any
public officer or other person authorized by the laws of this State, to sell such land
for the non-payment of taxes, or from any sheriff, marshal or other person authori-
zed to sell such land on execution, or under any order, judgment or decree of any
court of record, shall be brought within seven years next after possession being
taken as aforesaid ; but when the possessor shall acquire such title after taking such
possession, the limitation shall begin to run from the time of acquiring title.

Sec 9. Possession, as described in the preceding section, to bar the rights, ac-
tions and suits aforesaid, shall have been continued in manner aforesaid, for the term
of seven years next preceding the time of asserting the right of entry, or the com-
mencement of any such suit or action.

350 LIMITATIONS.

Sec. 10. The heirs, devisees and assigns of the person having such possession
and title, shall have the same benefit of this chapter as the person from whom the
possession was derived, could have had by virtue of such possession.

Sec. 11. No person, who has or may have any right of entry into any lands,
tenements or hereditaments, of which any person may be possessed by actual resi-
dence thereon, having a connected title in laAV or equity, deducible of record, from
this State or the United States, or from any public officer or other person authorized
by the laws of this State to sell such lands for non-payment of taxes, or from any
sheriff, marshal or other person authorized to sell such land on execution, or under
any order, judgment or decree of any court of record, shall make any entry therein,
except within seven years from the time of such possession being taken; but when
the possessor shall acquire such title after the time of taking such possession, the
limitation shall begin to run from the time of acquiring title.

Sec. 12. If, in any of the said actions specified in any of the preceding sections
of this chapter, judgment be given for the plaintiff, and the same be reversed by
writ of error or upon appeal, or if a verdict pass for the plaintiff, and upon matter
alleged in arrest of judgment, the judgment be given against the plaintiff; or if the
plaintiff be non-suited, then, if the time limited for bringing such action shall have
expired during the pendency of such suit, the said plaintiff, his or her heirs, exe-
cutors or administrators, as the case shall require, may commence a new action
within one year after such judgment reversed or given against the plaintiff, and not
after.

Sec 13. If any person or persons against whom there is or shall be any cause
of action, as is specified in the preceding sections of this chapter, except real or
possessory actions, shall be out of this State at the time of the cause of such action
accruing, or any time during which a suit might be sustained on such cause of ac-
tion, then the person or persons who shall be entitled to such action, shall be at
liberty to bring the same against such person or persons, after his, her or their re-
turn to this State, and the time of such person's absence shall not be accounted or
taken as part of the time limited by this chapter.

Sec. 14. In all the foregoing cases in which the person or persons who shall
have right of entry, title or cause of action is, are or shall be, at the time of such
right of entry, title or cause of action, under the age of twenty-one years, insane,
or feme covert, such person or persons may make such entry or institute such action,
so that the same be done within such time as is within the different sections of this
chapter limited, after his or her becoming of full age, sane or feme sole.

Approved: March 3, 1845.

CHAPTER LXVIL

MANDAMUS.

Section

1. Circuit courts may issue writs ot mandamus ;

appeals may be taken ; writs of error may be
prosecuted ; allowance of writ to stay procee-
dings.

2. When writ issued, duty of officer.

3. Facts stated in return, may be traversed ; per-

son making return, may take issue ; subse-
quent proceedings ; if verdict be against per-

Section

son returning writ, damages, how assessed;
peremptory mandamus may be granted; if
judgment be for defendant, he may recover
costs.

4. Recovery of damages to bar other action for

same matter.

5. Court issuing writ, &c, to give sufficient time

for pleading, making return, &.C.

Section 1. The respective circuit court* in this State shall have power to issue
writs of mandamus. Appeals may be taken from the decision of the said courts,
upon such terms as the said circuit courts shall prescribe ; or, writs of error may-
be prosecuted, whenever the supreme court or any of the judges thereof in vaca-
tion, upon being presented with a copy of the record, shall certify that there is rea-
sonable cause for the bringing of such writ ; and the said supreme court, or judge
in vacation, may impose such terms and conditions upon the party wishing to prose-
cute such writ of error, as the said court or judge may deem reasonable. The al-
lowance of a writ of error shall operate, after notice thereof, as a stay of proceed-
ings in the circuit court until the determination of such writ of error.

Sec. 2. When any writ of mandamus shall be issued out of any court of this
State, directed and delivered to any person or persons, who, by the laws of this
State, are required to make return of such writ, such person or persons shall make
his or their return to the first writ of mandamus.

Sec 3. When any writ of mandamus shall issue out of any court of this State,
and return shall be made thereunto, it shall be lawful for the person or persons
suing or prosecuting such writ, to plead to or traverse all or any of the material
facts contained in such return ; to which the person or persons making such returns
shall reply, take issue or demur, and such further proceedings shall be had therein,
and in such manner, for the determination thereof, as might have been had if the
person or persons suing out such writ had brought his or their action on the case
for a false return. If any issue shall be joined upon such proceedings, the person
or persons suing such writ, shall and may try the same in such place, as an issue
joined on such action on the case should or might have been tried. In case a ver-
dict shall be found for the person or persons suing such writ, or judgment given
for him or them upon a demurrer, or by nihil dicit, or for want of a replication or
other pleading, he or they shall recover his or their damages and costs, in such
manner as he or they might have done in an action on the case as aforesaid ; such
damages and costs shall and may be levied by execution, as in other cases, and a
peremptory writ of mandamus shall be granted without delay for him or them for
whom judgment shall be given, as might have been if such return had been adjudged
insufficient. In case judgment shall be given for the person or persons making

352

MARKS AND BRANDS.

such return to such writ, he or they shall recover his or their costs of suit, to be
levied in manner aforesaid.

Sec. 4. If any damages shall be recovered by virtue of the provisions of this
chapter, against any person or persons making such returns to such writ as afore-
said, he or they shall not be liable to be sued in any other action or suit for the
making of such return, any law, usage or custom to the contrary notwithstanding.

Sec 5. It shall and may be lawful to and for the court issuing any writ of
mandamus, to allow to such person or persons respectively, to whom such writ
shall be directed, or to the person or persons who shall sue or prosecute the same,
such convenient time, respectively, to make return, plead, reply, rejoin or demur,
as to the court shall seem just and reasonable, anything herein contained to the
contrary notwithstanding.

Apfroved : March 3, 1845.

CHAPTER LXVIII.

MARKS AND BRANDS,

Section

1 . Every person having stock, may have separate

ear mark, which shall be recorded.

2. Clerk of county commissioners' court to keep

record of marks ; his fees.

Section

3. How disputes to be settled.

4. Persons purchasing stock, may change marks in

presence of witnesses.

Section 1. Every person in this State, who hath cattle, horses, hogs, sheep or
goats, may have an ear mark and brand, and but one of each, which shall be differ-
ent from the ear mark and brand of his neighbors ; which ear mark and brand may
be recorded by the clerk of the county court where such cattle, horses, hogs, sheep
or goats shall be.

Sec 2. It shall be the duty of the county clerks, in the respective counties of
this State, to keep a well bound book, in which they shall record the marks and
brands of each individual who may apply to them for that purpose ; for which they
shall be entitled to demand and receive the sum of twelve and a half cents ; and
the book in which the same are recorded, shall be open to the examination of every
citizen of the county at all reasonable office hours, free of charge.

Sec 3. If any dispute shall arise about any ear mark or brand, it shall be de-
cided by reference to the book of marks and brands kept by the county clerk, but
such book shall be prima facie evidence only.

Sec 4. Any person purchasing or acquiring horses, cattle, hogs, sheep or goats,
when he brands or marks the same in his brand or mark, after the acquisition of
the same, may do it in the presence of one or more of his neighbors, who are au-
thorized to certify to the fact of the marking or branding being done, when done,
and in what brand or mark the same were, previously, and in what brand or mark
they were re-branded or re-marked. Such certificate shall not be deemed evidence
of property in the animal branded, but only prima facie evidence of the facts therein
certified to.

Approved : March 3, 1845.

CHAPTER LXIX.

MAEEIAGES.

Section

1. At what age persons may contract marriage;

when consent of parents necessary.

2. Persons of different color not permitted to con-

tract marriage; penalty for ; clerk issuing li-
cense to such persons, and officers solemni-
zing their marriage, how punished.

3. Who, in religious societies, may solemnize mar-

riages according to their custom.

4. What declaration of parties sufficient ; before

whom such declaration may be made.

5. Person celebrating marriage, to file certificate

thereof in office of clerk of county commis-
sioners' court.

Section

6. Clerk to keep registry thereof; copies to be evi-

dence.

7. Clerk refusing to register marriage, how pun-

ished.

8. Penalty for neglecting to file certificate ; penalty

for celebrating marriage contrary to law.

9. Two weeks' publication, or a license, required

before marriage.
10. License, when necessary; its contents; con-
sent ol parents and guardians, when neces-
sary; penalty if clerk issue license to minors
without such consent; how sued for and re-
covered ; how fact of age ascertained.

Section 1. All male persons over the age of seventeen years, and females over
the age of fourteen years, may contract and be joined in marriage : Provided, In all
cases where either party is a minor, the consent of parents or guardians be first had,
as is hereinafter required.

Sec. 2. No person of color, negro or mulatto, of either sex, shall be joined in
marriage with any white person, male or female, in this State ; and all marriages
or marriage contracts, entered into between such colored person and white person,
shall be null and void in law ; and any person so marrying or contracting to marry,
shall be liable to pay a fine, be whipped in not exceeding thirty-nine lashes, and be
imprisoned, not less than one year; and shall be held to answer in no other than a
criminal prosecution, by information or indictment. And any clerk who shall
knowingly issue a license to any such colored person, negro or mulatto, or to any
white person to be joined to a negro or mulatto, in manner aforesaid, or if any offi-
cer or person authorized to solemnize marriages in this State, shall join any such
colored person, negro or mulatto in marriage with a white person, such magistrate
or other person so offending as aforesaid, on conviction thereof, shall be fined, in a
sum not less than two hundred dollars, to be sued for and recovered in any court
of record in this State, the one-half for the use of the county in which said suit is
brought, and the other half to the person suing for the same ; and thereafter be in-
eligible to any office in this State.

Sec. 3. All persons belonging to any religious society, church or denomina-
tion, may celebrate their marriage according to the rules and principles of such re-
ligious society, church or denomination ; and a certificate of such marriage, signed
by the regular minister, or if there be no minister, then by the clerk of such religious
society, church or denomination, registered as hereinafter directed, shall be evi-
dence of such marriage.

Sec. 4. Any persons wishing to marry, or be joined in marriage, may go be-
fore any regular minister of the gospel, authorized to marry, by the custom of the
church or society to which he belongs, any justice of the supreme court, judge of
any inferior court, or justice of the peace, and celebrate or declare their marriage,
in such manner and form as shall be most agreeable.
23

354 MARRIAGES.

Sec. 5. Any minister of the gospel, justice of the supreme court, judge or jus-
tice of the peace, who shall celebrate any marriage, shall make a certificate of such
marriage, and return the same, with the license, to the clerk of the county com-
missioners' court, who issued such license, within thirty days after solemnizing
such marriage.

Sec 6. The clerk of the county commissioners' court, after receiving such
certificate, shall make a registry thereof, in a book to be kept by him for that pur-
pose only ; which registry shall contain the christian and surnames of both the
parties, the time of their marriage, and the name of the person certifying the same :
and said clerk shall, at the same time, indorse on such certificate, that the same is
registered, and the time when ; which certificate shall be carefully filed and pre-
served ; and the same, or a certified copy of the registry thereof, shall be evidence
of the marriage of the parties.

Sec. 7. If any clerk shall, for more than one month, refuse or neglect to reg-
ister any marriage certificate, which has been, or may hereafter be delivered to him
for that purpose, (his fee therefor being paid,) he shall be liable to be removed from
office, and shall moreover pay the sum of one hundred dollars, to the use of the party
injured, to be recovered by action of debt in any court having cognizance of the
same.

Sec 8. If any minister, justice of the supreme court, judge or justice of the
peace, having solemnized a marriage,- or clerk of any religious society, as the case
may be, shall not make return of a certificate of the same, as required, within the
time limited, to the clerk of the commissioners' court of the county in which such
marriage was solemnized, he shall forfeit and pay one hundred dollars for each case
so neglected, to go to the use of the county, to be recovered by indictment. And if
any minister of the gospel, justice of the supreme court, judge or any other officer
or person, except as hereinbefore excepted, shall solemnize and join in marriage
any couple without a license as aforesaid, he shall, for every such offence, forfeit
and pay one hundred dollars, to the use of the county, to be recovered by indictment.

Sec 9. No persons shall be joined in marriage as aforesaid, unless their inten-
tion to marry, shall have been published at least two weeks previous to such mar-
riage, in the church or congregation to which the parties, or one of them belong;
or unless such persons have obtained a license, as herein provided.

Sec 10. In all cases when publication of such intention to marry has not been
made, as before described, the parties wishing to marry, shall obtain a license from
the clerk of the county commissioners' court of the county where such marriage is
to take place ; which license shall authorize any regular minister of the gospel,
authorized to marry by the church or society to which he belongs, any justice of
the supreme court, judge or justice of the peace, to celebrate and certify such mar-
riage ; but no such license shall be granted for the marriage of any male under
twenty-one years of age, or female under the age of eighteen years, without the
consent of his or "her father, or if he be dead or incapable, of his or her mother or
guardian, to be noted in such license. And if any clerk shall issue a license for
the marriage of any such minor, without consent as aforesaid, he shall forfeit and
pay the sum of three hundred dollars, to the use of such father, mother or guardian,
to be sued for and recovered in any court having cognizance thereof; and for the
purpose of ascertaining the age of the parties, such clerk is hereby authorized to
examine either party, or other witness, on oath.

Approved : March 3, 1845.

CHAPTER LXX.
MILITIA.

Section

1 . Who shall be enrolled in the militia ; when, and

how enrolled; how to be armed; officers how to
be armed; arms, &.c.,exaniptfrom execution.

2. Militia divided into divisions, brigades, regi-

ments, battalions and companies; divisions,
&c, particularly defined.

3. Militia of the State, how officered.

4. What officers appointed by the Governor ; their

rank.

5. Rank, how assigned ; numbers, how fixed.

6. Mode of proceeding in creating or changing

brigade, districts or dividing regiments ; changes
not to disturb commissions of officers ; chang-
ing regimental districts, how accomplished.

7. Who may be officers of militia; oath to be ta-

ken ; officer elected, failing to take oath, to be
displaced ; who may administer oath.

6. One company of artillery, and one of cavalry to
each regiment, and one of grenadiers, &c; pro-
viso] as to number composing such company.

9. Independent companies, how armed and equip-
ped ; of what number of officers and privates
they shall consist; may choose their own uni-
form.

10. Term and conditions of service of independent

companies.

1 1 . Resignations, how made ; how received ; how va-

cancies, thus occasioned, may lie filled.

12. Manner of voting in elections of officers ; votes,

how recorded; returns, how made ; if election
be contested, to whom transmitted.

13. Contested elections, how decided.

14. Officers appointed to try contested election to be

notified; fined for failure to attend.

15. What officers shall attend at contested elections,

in the various grades of officers.

16. How decision in contested case certified and re-

turned; successful party to be commissioned.

17. Witnesses may be examined, delinquent wit-

nesses, how punished.

18. Oath of officers, form of.

19. Color bearers to be appointed to each battalion.

20. Officers serving seven years, being equipped, to

be exempt from militia duty.

21. If company be disorganized by failure to elect

officers, to be enrolled in next nearest com-
pany.

22. Volunteer companies, when to equip.

23. Fine to be proportioned to delinquency of of-

ficer.

24. Cause of resignations, how noted.

25. Regimental musters to be held once in each

year.

26. Bmttalion muster once in each year.

27. Company musters, when held; notices.

28. Regimental musters, by whom notice of to be

given.

29. Commanders of regiments to give notices, &.C.

30. Brigadier General, his duty ; brigade inspector,

to inspect arms and report.

Section

31. Regimental drill musters to continue two days;

officers to attend, and how armed, &c.

32. Fines, their amount ; for what assessed.

33. When regimental musters to be held at county

seats.

34. Who exempt from military duty on account of

conscientious scruples; commutation to be
paid.

35. Governor to furnish independent companies

with arms ; to take bond for their safe return.

36. Governor to deliver arms to independent com-

panies.

37. Court martial, when held; its duty; its power

to assess fines; appeals, &c. ; fines, how col-
lected; form of warrant of collection; con-
stable to collect and pay over; his fees for
collection.

38. Scale of forfeitures and penalties.

39. When officer charged with any offence, how

complained of, arrested and tried.

40. Witnesses, how subpoenaed ; how compelled to

attend ; penalty for failure to attend.

41. Courts to try officers of the respective grades,

how selected ; officers, how punished.

42. Form of oaths to be taken by officers composing

court martial, and by witnesses.

43. Commander-in-chief, in what cases, and in what

order he may call out the militia.

44. Duty of inferior officers in such cases.
■15. How men to be selected in certain cases.

46. In what cases men may be drafted.

47. Parents and guardians bound for minois.

48. Militiaman having served a tour of duty or paid

fine, exempt from service; fines, how applied.

49. Duty of several officers, when militia are called

into service.

50. Officers, how detailed for duty; term, manner

and order of service.

51. Plow persons disabled, may be exempted from

service.

52. Militia to serve six months ; where to rendez-

vous ; who to command them ; how dis-
charged.

53. Compensation of officers.

54. Additional persons exempt from militia duty.

55. Uniform prescribed to be worn.

56. Officers to appoint places and days for mus-

ters; roll call; exercise; discipline prescri-
bed.

57. Colors and musical instruments to be provided.

58. Additional duty of major generals.

59. Additional duty of brigadier generals.

60. Additional duties of colonels commanding regi-

ments, and majors commanding odd battalions.

61. Additional duties of lieutenant colonels, and

majors commanding battalions.
82. Further duties of commandants of companies.

63. Vacant offices, how filled.

64. Subordination and preservation of order.

356 MILITIA.

Section j Section

65. Adjutant general to keep his office at the seat of | 77. Orderly sergeant, his duty.

government ; his duties generally. j 78. Independent companies may, in their by-laws,

66. Division inspector, his duties. assess fines, &c.

67. Brigade majors, further duties. I 79. Independent companies to muster at least once

68. Adjutants of regiments or odd battalions, fur- I in each year.

ther duties. " 80. How such fines may be collected.

69. Serjeant majors, their duties. j 81. Constitution and by-laws of independent com-

70. Quarter-master general, his duties. pany, how authenticated; members maybe

71. Staff officers, their duties. witnesses.

72. Paymasters of regiments, their duties. j 82. Fines, by whom received, and how applied.

73. Paymasters, how punished for defalcation. : 83. In what case volunteer companies may form reg-

74. Expenses not herein provided for, to be paid out | iments and battalions.

of contingent fund. I 84. Such regiment or battalion may adopt constitu-

75. When a new division or brigade is created, new tion and by-laws.

elections, how and when held. ! 85. Eight years service in independent company, to

76. Independent company may adopt its own by- j exempt from militia duty.

laws.

Section 1. All free white male inhabitants, resident in this State, who are or
shall be of the age of eighteen, and under the age of forty-five years, except as here-
inafter excepted, shall severally and respectively be enrolled in the militia by the
captain or commanding officer of the company within whose bounds such citizen
shall reside, within ten days after he shall be informed of such residence ; and also,
those who may from time to time arrive at the age of eighteen, who shall reside in
the bounds of his company ; and shall without delay notify such person by an officer
or non-commissioned officer of the company ; and every such person so notified
shall, within six months thereafter, provide himself with a good musket, fuzee or
rifle, with proper accoutrements. The held officers, ranking as commissioned offi-
cers, shall be armed with a sword and pair of pistols, and the company officers with
a sword ; and every person so enrolled, and providing himself with arms and ac-
coutrements required as aforesaid, shall hold the same exempt from execution, dis-
tress, or for tax : Provided, No private shall be compelled to appear on parade with
arms unless he actually has them.

Sec 2. The enrolled militia of this State shall be laid off into divisions, brig-
ades, regiments, battalions, and companies. The counties of Clinton, St. Clair,
Monroe, Randolph, Jackson, Johnson, Franklin, Jefferson, Washington, Perry, Un-
ion, Alexander, Pope, Gallatin and Hamilton, shall compose the first division: The
counties of White, Wabash, Edwards, Wayne, Clay, Lawrence, Marion, Effingham,
Jasper, Crawford, Coles, Clark and Edgar, shall compose the second division : The
counties of Madison, Macoupin, Bond, Montgomery, Morgan and Greene, shall com-
pose the third division : The counties of Sangamon, Tazewell, McLean, Macon,
Shelby, Fayette, Champaign and Vermilion, shall compose the fourth division :
And the counties of Calhoun, Pike, Schuyler, Adams, Hancock, McDonough, War-
ren, Knox, Fulton, Peoria, Henry and Mercer, shall compose the fifth division : The
counties of Jo Daviess, Whiteside, Rock Island, Ogle, Putnam, La Salle, Iroquois,
Will, Kane, Cook, McHenry and Winnebago shall compose the sixth division of
the Illinois militia. The counties of Clinton, St. Clair, Monroe and Randolph,
shall compose the first brigade, of the first division : The counties of Johnson,
Franklin, Washington and Jefferson, shall compose the second brigade, of the first
division. The counties of Perry, Jackson, Union and Alexander, shall compose
the third brigade, of the first division. The counties of Pope, Gallatin and Ham-
ilton, shall compose the fourth brigade, of the first division. The counties of White,
Wayne, Marion, Clay and Edwards, shall compose the first brigade, of the second
division. The counties of Wabash, Lawrence, Effingham, Jasper and Crawford,
shall compose the second brigade, in the second division. The counties of Coles,

MILITIA. 357

Clark and Edgar, shall compose the third brigade, in the second division. The
counties of Bond, Madison and Montgomery, shall compose the first brigade of the
third division. The counties of Greene and Macoupin, shall compose the second
brigade in the third division. The county of Morgan, shall compose the third brig-
ade of the third division. The counties of Sangamon and Tazewell shall compose
the first brigade of the fourth division. The counties of McLean, Macon, Shelby,
Fayette, Champaign and Vermilion shall compose the second brigade of the fourth
division. The counties of Calhoun, Pike, Schuyler and Adams, shall compose the
first brigade of the fifth division ; and the counties of Fulton, Peoria, Henry and
Knox shall compose the second brigade of the fifth division ; and the counties of
Hancock, McDonough, Warren and Mercer, shall compose the third brigade of the
fifth division ; the counties of Jo Daviess, Whiteside, Rock Island, Ogle, Winne-
bago and Putnam, shall compose the first brigade of the sixth division ; and the
counties of La Salle, Iroquois, Will, Cook, Kane and McHenry, shall compose the
second brigade of the sixth division.

Sec 3. The militia of this State shall be officered as follows, to-wit: To each
division there shall be one major general, who shall appoint one division inspector,
one division quarter-master, to rank as colonels of infantry ; and two aids-de-camp,
to rank as lieutenant colonels. To each brigade, there shall be one brigadier gen-
eral, who shall appoint one brigade inspector, to act as brigade major ; one quarter
master and one aid-de-camp, to rank as majors. The aid-de-camp, to perform the
duty of brigade judge advocate. To each regiment there shall be one colonel, one,
two or three majors, (as the case may be) the senior to be lieutenant colonel, with
a regimental staff, to be appointed by the colonel, to consist of one adjutant, who
shall act as regimental judge advocate : one quarter-master and one paymaster, to
rank as captains, respectively : One surgeon and surgeon's mate, one sergeant ma-
jor, one quarter master sergeant, one drum major, and one fife major. To each
odd battalion, not forming a part of a regiment, one major, with a staff of a regi-
ment, to be appointed by the major. To each company there shall be one captain,
one first and one second lieutenant, four sergeants, four corporals, one drummer and
fifer ; the said sergeants and corporals, to be appointed by the captains, respective-
ly, and to hold their appointments by certificate.

Sec. 4. There shall be one adjutant general, quarter master general and pay-
master general, to be appointed by the commander-in-chief, to rank respectively as
colonels of cavalry : and the commander-in-chief, is also authorized to appoint two
aids-de-camp, with the same rank, to continue in service until the expiration of his
term of service as Governor.

Sec. 5. Each division, brigade, regiment, battalion and company, when in the
field, shall take rank agreeably to the date of the commission of the officer com-
manding the same : each division shall consist of not less than two nor more than
six brigades : each brigade of not less than three nor more than six regiments :
each regiment of not less than two nor more than three battalions : each battalion
of not less than three nor more than six companies : each company shall consist of
not less than thirty-two nor more than ninety-six privates.

Sec. 6\ Whenever it becomes necessary to create new, or alter old brigade dis-
tricts, the major general of the division shall call the field officers, or a majority of
them together, in which brigades the bounds are to be fixed ; he shall act as presi-
dent of the board, and cause the division inspector to record any alterations that
may be made : in like manner whenever it becomes necessary to divide any regi-

358 MILITIA.

ment in this State so as to make two regiments, it shall be the duty of the colonel
or officer commanding the same, to notify the brigadier general of his brigade there-
of, who may, if he think such division proper, issue his order to the colonel, or
officer commanding said regiment, directing him to convene a beard of officers of
his regiment, which shall consist of all the commissioned officers thereof, a majority
of whom shall constitute a quorum, the colonel, or officer highest in rank present,
presiding. Said board, when so convened, shall proceed to determine whether they
will divide said regiment ; and if a division is agreed upon, they shall designate
the line of division, and the place of holding the regimental muster of the new regi-
ment, and cause the same to be recorded by the adjutant of said regiment, who shall
be in attendance for that purpose. A return of the proceedings of said board shall
forthwith be transmitted to the general of said brigade, who shall issue his order
for an election for a colonel to command the new regiment, which shall be conducted,
and return thereof made as in other cases. But commissioned officers, living in
the bounds of any regiment so created, or of the old regiment, shall continue to
hold their respective offices as though no such division had been made. In like
manner, whenever it shall become necessary to alter any old regimental district, it
shall be the duty of the brigadier general of the brigade, to call a board of field offi-
cers, to consist of not less than five, for that purpose; at which board he shall pre-
side, and cause his brigade major to record all the proceedings, and alterations made
by such board ; also in like manner whenever it becomes necessary to alter old, or
create new battalion districts, it shall be the duty of the colonel to call the field
officers and captains of the regiment together, a majority of whom may act ; and it
shall be the duty of the colonel to preside at such meeting, and cause his adjutant
to record all alterations made by such board ; and whenever it becomes necessary
to alter old, or create new company districts, it shall be the duly of the major to call
a meeting of the captains of his battalion, a majority of whom may act ; at which
meeting he shall preside ; and it shall be the duty of the adjutant to record the
proceedings and alterations made by such board.

Sec 7. No person shall be eligible to a command in the militia in this State
who is not a citizen of the United States and of this State, and has not resided in
the proper bounds at least ten days : and every officer commissioned by virtue of this
chapter, shall within thirty days after receiving a commission, and previous to en-
tering upon the duties of his oiiice, take an oath to support the constitution of the
United States and of this State ; also an oath of office ; a certificate of which shall
be indorsed on the back of his commission, by the person administering the same:
and if any person receiving such commission, who was elected by his own consent,
shall fail to take the oaths as aforesaid, within the time herein provided, and give
notice thereof within twenty days thereafter to the proper officer, whose duty it
shall be to direct such vacany to be filled, and to forward the date of his commis-
sion to the adjutant of the regiment, he shall be fined in the sum of ten dollars, by
sentence of the regimental court martial, and forfeit his office ; which shall be filled
as in other cases : Provided, That any officer declared duly elected, may receive a
certificate of any superior officer, which shall entitle him to command until his com-
mission can be procured ; and in all cases the officer giving such certificate, shall
idminister to such officer the necessary oaths of office : Provided, also, That when-
ever it may be necessary to administer oaths to carry into effect any of the provis-
ions of this chapter, any judge, justice of the peace, or officer of the militia, duly
commissioned and sworn, shall be authorized to administer such oath.

MILITIA. 359

Sec 8. There may be one company of artillery and one company of cavalry
attached to each regiment, to be raised by voluntary enrollment ; and one company
of grenadiers, light infantry or riflemen, attached to each battalion, to be raised also
by voluntary enrollment: Provided, It shall not reduce a district company in such
regiment or battalion, below the number of forty-two, rank and file : and if such
company will thereby be reduced below the number of forty-two, rank and file,
such person shall return to his proper company ; and in no case shall an election
be held or ordered in any independent company, until it shall be made to appear that
there are at least forty -two men authorized to serve, enrolled in such intended com-
pany.

Sec. 9. All light or independent companies shall be armed and equipped in the
same manner that similar corps are in the arnay of the United States ; and shall con-
sist of the following officers, non-commissioned officers, musicians and privates,
to- wit : To each company of cavalry, there shall be one captain, one first, one sec-
ond, and one third lieutenant, one cornet, four sergeants, four corporals, one saddler,
one farrier, one trumpeter, and not less than forty-six, nor more than one hundred
and sixteen, rank and file : to all other independent companies, there shall be one
captain, one first, one second, and one third lieutenant, four sergeants, four corpo-
rals, one drummer, one filer, and not less than forty-six, nor more than one hundred
and sixteen, rank and file : Provided, That each independent company may a^ree
upon an uniform, which they shall wear upon parade and in service.

Sec 10. All independent companies, when called into service, shall serve by
company, and if any non-commissioned officer, musician or private, in any such
company, shall refuse or neglect, either by himself or a substitute, to perform such
service, after being duly notified, such person shall be considered as in service, and
shall be liable to be punished as a deserter : and if any member of such company
shall be sick or absent, when his company is called into service, such person shall
be required to join his company as soon as his health will permit, or he shall have
returned to the State, under the same penalty of refusing or neglecting to perform
service : Provided, That when any independent company shall have served a reg-*
ular tour of duty, no person shall be admitted a member of such company, without
producing to the officer commanding the same, a regular discharge, stating that such
applicant has served a similar tour.

Sec 11. For good cause shown, the commander-in-chief may receive the re-
signation of major generals, who may accept the resignation of brigadier gener-
als, within their respective divisions. Brigadier generals may accept the resigna-
tion of colonels, or officers commanding odd battalions, within their respective brig-
ades ; and colonels or officers commanding odd battalions may accept the resigna-
tion of commissioned officers, within their respective commands, and in all cases
when a resignation is accepted, the cause of such resignation shall be indorsed on
the back of the commission : and it shall be the duty of all officers authorized to ac-
cept resignations as above, to order elections to fill such vacancies as may occur by
resignation or otherwise, giving at all times, sufficient notice of such election ; and
except in cases of emergency, the order for an election of a major or brigadier
general, shall be given to the officers commanding regiments or odd battalions,
within the limits of the division or brigade, where such election is to be held, at
least forty days previous to such election ; who shall give to all commissioned offi-
cers of their respective commands, at least twenty days' notice of the time and place
of holding such election. For the election of a colonel or major commanding an

360 MILITIA.

odd battalion, the order shall be given to the next common superior officer, at least
twenty days previous to such election ; who shall give at least ten days' notice of the
time and place of holding such election, to all the officers commanding companies within
the regiment or battalion, (as the case may be) where such election is to be held ; who
shall give at least five days' notice to their respective commands. For the election
of a lieutenant colonel or major, there shall be at least fifteen days' notice given to
all the officers commanding companies, within their respective battalions, who shall
give at least five days' notice of the time and place of holding such election, to their
respective companies. For the election of a captain or commissioned officer, there
shall be at least ten days' notice given to the senior commissioned, or if there be no
commissioned, non-commissioned officer of the company, who shall give to the com-
pany at least five days' notice of the time and place of holding such election. All
returns of elections so held, shall be made to the officer ordering the same, who
shall certify to the adjutant general, within thirty days thereafter, the names
of all officers who may have been thus duly elected. And it shall be the duty of
all officers, authorized to appoint staff officers, to accept their resignation as above,
and fill all vacancies in their own staff by appointment : Provided, That no resigna-
tion of an officer shall be accepted, unless such officer shall have held his commis-
sion at least two years.

Sec 12. The manner of voting shall be, by the elector addressing the judges
of the election, in his own proper person, and with an audible voice, to be heard by
the judges and clerk, name the person he votes for, and the clerk shall enter the
name of the person voting, and his vote, accordingly, in a poll book to be provided
for that purpose ; which poll book shall be, (as near as may be) in the following
form, to- wit :

A poll book of an election held at , in the county of in the

regiment of Illinois Militia, on the day of 18

Names of Voters. Candidates for fyc

C

A. B. I 1

C. D. Il

I)
1

When all the votes shall be given, they shall be examined and counted ; the
judges shall cause the clerk to make out a return thereof as near as may be, in the
following form, to-wit :

At an election held at , in the county of , in the regiment of Illi-

nois Militia, on the day of A. D., 18 , the following named persons re-

ceived the number of votes annexed to their names, for the following described
offices, to-wit :

A. 14. had — votes for Major General.
C. D. had — votes for Brigadier General.

E. F. had — votes for Colonel.

F. G. had — votes for Major.

(and in like manner for all other offices.) Certified by us,

A. B., 1

C. D., > Judges of election.
E. F., )
Attest :

J. H., Clerk of election.

MILITIA. 361

Which return, when so made out and certified, shall be transmitted by the judges
to the officer ordering the election; and the poll book aforesaid, shall be transmitted
to the adjutant of the regiment, (or odd battalion, as the case may be,) to be by him
filed with the records of his office ; and in case of a contested election, it shall be
the duty of the adjutant to transmit the same to the presiding officer of the court of
inquiry, in which such contest shall be tried ; and the person having the greatest
number of votes shall be declared duly elected.

Sec. 13. All contested elections in the militia of this State, shall be tried by a
board of officers, to be appointed for that purpose by the officer ordering the same,
under the rules and regulations following, to-wit : The commander-in-chief shall ap-
point the board of officers, to decide the contested elections of major generals ; ma-
jor generals shall appoint the board to decide the contested elections of brigadier
generals ; brigadier generals shall appoint the board to decide the contested elections
of colonels, lieutenant colonels and majors ; and the commandants of regiments and
odd battalions, for the time being, shall appoint the board to decide the contested
elections of captains and subaltern officers : Provided, That in all cases the mem-
bers composing such board of officers as aforesaid, shall be as near the rank as may
be, of the officer whose election shall be contested ; and shall consist of not less than
three, nor more than seven members.

Sec 14. The officer appointing the board of officers as aforesaid, shall notify
each member thereof in writing, of the time when, and place where such board is
to be held; and if any officer, when so appointed and notified as aforesaid, shall
neglect or refuse to attend at the time and place of holding such board, he shall be
liable to be fined as in other cases, for neglect of duty.

Sec. 15. The division inspector shall attend all boards of officers, which may
be organized to pass upon the contested elections of major generals ; and shall keep
a record of the proceedings of such boards respectively. The brigade inspector
shall attend all boards which may be organized to pass upon the contested elections
of brigadier generals ; and shall keep a record of the proceedings of such boards
respectively. And the adjutant of the regiment (or odd battalion, as the case may
be,) shall attend all boards which may be organized, to pass upon the contested elec-
tions of colonels, lieutenant colonels, majors, captains and subaltern officers ; and
shall keep a record of the proceedings in each case respectively : and the decisions
of all such boards of officers, which may at anytime be instituted as aforesaid, shall
be final and conclusive upon all the parties concerned.

Sec 16. When any election shall be contested as aforesaid, it shall not be law-
ful for the officer, whose duty it may be to certify the same, to make return thereof,
until a decision shall be had thereon as aforesaid ; after which, the presiding officer
of the board shall certify to the officer who may have appointed the same, which of
the contending parties is entitled to the office ; and such successful party shall then
be commissioned as in other cases : Provided, That no exception shall be allowed
to be taken to the election of any officer, unless the same be done within ten days
after such election shall have been held.

Sec 17. The presiding officer of any board, which may at any time be appoint-
ed to pass upon a contested election as aforesaid, shall have power, at the request
of either party, to send for and examine witnesses : and if any witness, when pro-
perly summoned, shall refuse or neglect to attend any such board as aforesaid, with-
out a reasonable excuse, it shall be the duty of the presiding officer as aforesaid, to
turn such witness over as a delinquent to the next regular court of inquiry, to be

362 MILITIA.

held for the county wherein such witness shall reside ; who shall thereupon pro-
ceed to acquit or to assess the fine of such witness, as circumstances shall require,
in like manner as is prescribed against delinquent militiamen, for failing to attend
muster, when legally required so to do.

Sec. 18. All oaths of office to be taken by the militia officers in this State, shall
(as near as may be,) be in the following form, to-wit: "I do solemnly swear, (or
affirm,) that I will support the constitution of the United States and of this State,
and that I will not be engaged in duelling, either directly or indirectly, during my
continuance in office; and that I will faithfully discharge the duties of captain, in
the regiment of Illinois militia, (or otherwise, as the case may be,) to the best of
my skill and understanding, so help me God." Which said oath shall be indorsed
on the commission or certificate, (as the case may be,) and certified by the officer
administering the same.

Sec 19. In addition to the staff in the several regiments and odd battalions in
this State, as at present organized, there shall be appointed by the commandant of
each regiment and odd battalion, a color bearer, to each battalion, whose duty it shall
be to take charge of the colors of the battalion to which he may belong, and bear the
same at all regimental and battalion parades and drill musters, and on such other
occasions as shall be necessary, when required so to do.

Sec 20. Whenever any officer of the militia in this State, shall have served as
such, without intermission, for the period of seven years, and shall have been com-
pletely equipped for the whole of said time, according to law, he shall ever after be
exempted from the performance of military duty, except in time of war, invasion or
insurrection.

Sec 21. If the members of any militia company in this State, shall neglect or
refuse to elect company officers to command such company, when legally notified of
the time and place of holding an election for such purpose, and such company shall
thereby become unofficered and disorganized, it shall be the duty of the commandant
of the regiment or odd battalion, (as the case may be,) to attach such company to
the next nearest company in the regiment or battalion, to which the same may be-
long, without delay ; whereupon the officer commanding the company, to which the
same may be attached, shall proceed to enroll the names of all the militiamen within
the bounds of such attached company, and shall require them to perforin military
duty in such company, in all respects, as though they had originally belonged to his
command.

Sec 22. All volunteer cavalry, grenadier, light infantry and rifle companies,
now raised and organized, shall have until the first day of April next to uniform
and equip themselves, respectively : Provided, That no such company shall hereaf-
ter be dissolved for the w7ant of equipment as the law directs ; but in such case, each
member shall be fined twenty-five cents, for each and every day he shall appear on
parade without being equipped according to law, and the regulation of the company
to which he may belong.

Sec 23. In all cases where militia officers shall be fined for appearing on pa-
rade without equipments, the fine shall be proportioned according to the extent to
which the uniform of such officer shall be deficient.

Sec 24. In all cases hereafter, where a resignation is accepted, the cause of
such resignation may either be indorsed on the commission, or, if the commission
be not surrendered, on the letter of resignation.

MILITIA. 363

Sec. 25. There shall be in every year, a muster of each regiment, on such day
in September as the commandant of the brigade shall direct, at which all field,
staff and company officers, non-commissioned officers, musicians and privates of
the regiment, shall attend, armed and equipped as the law directs.

Sec. 26. There shall be in every year, at such time and place, in April, as the
commandant of the battalion may direct, a muster of each battalion, at which every
commissioned and non-commissioned officer, musician and private of the battalion,
shall attend, armed and equipped as the law directs.

Sec. 27. There shall be in every year, in April, at such time and place as the
commandant of the company may direct, a muster of each company ; at which
every commissioned and non-commissioned officer, musician and private of such
company, shall attend, armed and equipped as the law directs : and it shall be the
duty of the commandants of companies at such muster, to notify the company of
the times and places of holding all musters and courts of assessment and appeal,
for the current year, which any of the company may be required to attend ; which
shall be all the notice required for persons regularly enrolled.

Sec. 38. Each brigadier general shall appoint the days in each year, on which
the regimental muster shall be held in his brigade, and notify the commandants of
regiments and the major general thereof, by the first day of March annually : Pro-
vided, That if the brigadier general should fail to notify the commandant of any
regiment, of the time prescribed by law, the commandant of such regiment, shall
appoint his own regimental muster.

Sec 29. The commander of each regiment, on receiving from the commandant
of the brigade, notice of the time of holding the annual regimental muster, shall add
thereto the place of holding the same, and also the time and place of holding the
annual battalion and the regimental drill musters, and the court of assessments and
appeals ; a copy of which he shall cause to be delivered to the field officers and
commandants of companies, by the first day of April thereafter.

Sec. 30. And the brigadier generals are hereby required to attend the regimental
musters in their respective brigades, accompanied by their brigade inspectors, whose
duty it shall be to inspect the militiamen, their arms and equipments, and report
the condition of the same to the major general commanding the division to which
their brigades may belong, within thirty days thereafter ; and the said brigadier generals
are hereby required to review each regiment of their brigades before they are dis-
missed from parade.

Sec. 31. There shall be one regimental drill muster in each year, at such time
and place as may be appointed by the commandant of the regiment as aforesaid, to
continue two days ; at which all the commissioned and staff officers and sergeants
of the regiment shall attend ; commissioned officers to be armed with swords, fire
arms and accoutrements : Provided, That field officers only, shall be compelled to
be armed with swords ; non-commissioned officers with fire-arms and cartouch
boxes, or pouch and horn ; and shall be trained and exercised agre'eably to the
rules and regulations of the army of the United States ; except that surgeons and
surgeon's mates need not attend such drill ; and the commandant of the regiment, or
in case of his absence, the officer highest in rank or command at such drill, shall
cause the roll of officers to be called on each day, note all delinquents, and make
return thereof to the next court of assessment: Provided, That all the notices re-
quired as aforesaid, shall be issued by the colonels and majors commanding odd
battalions, in writing, to each of the captains by the first of April annually ; and

364 MILITIA.

the captains shall give notice to their companies respectively, at least ten days
previous to the first muster in the year, by causing written or printed notices to
be set up in five of the most public places in the bounds of their companies res-
pectively, stating the time and place for all the musters and courts of assessment
and appeals, for that year.

Sec 32. No private shall be fined more than seventy-live cents, for failing to
attend any regimental muster, or more than fifty cents for failing to attend any
battalion or company muster. No captain shall be lined for failing to wear epauletts,
or subaltern officer for failing to equip himself in time of peace.

Sec. 33. In all cases where there is only one regiment in the county, the regi-
mental muster shall be* held at the county seat.

Sec. 34. No person conscientiously opposed to doing military duty, by reason
of his religious opinions, shall be compelled to do so in time of peace : Provided,
Such person shall be a member of a religious society, whose rules require him to
support all poor persons connected with such society : and any person so being op-
posed to doing militia duty, but not a member of any religious society, may be
exempted therefrom, on paying seventy-five cents each year into the county treasury.
The clerk of the county commissioners' court of the county where such application
shall be made, shall require an affidavit of the applicant, that he is conscientiously
opposed to doing military duty, and of his oge, and make a record thereof, and issue
his certificate to such applicant, of his exemption from doing military duty in time
of peace; such applicant shall pay the clerk granting such certificate, twenty-five
cents ; and the clerk shall keep a record of all such certificates and affidavits so
granted by him, in a book for that purpose.

Sec. 35. When any independent company of grenadiers, light infantry, rifle-
men, artillery or cavalry, shall become organized and uniformed according to law,
the captain or commanding officer thereof may petition the Governor to furnish him
for the use of his company, with such a number of muskets, rifles or other arms,
with their accoutrements, or if an artillery company, a cannon or field piece and
swords, with their necessary appendages, as their respective companies may require,
and set forth in said petition the regiment to which his company belongs, the number it
contains, and a specific number and description of the arms and equipments requisite
for them ; which number shall not be for more than ten persons over and above the
number of rank and file his company shall at that time contain ; which petition shall
be accompanied with a certificate of- the colonel or commanding officer of the regi-
ment to which it belongs, that such company has been organized according to law ;
and also a bond, payable to the Governor and his successors in office, for the use of
the people of the State of Illinois, in a penal sum, equal to fourteen dollars for each
musket and equipment by him so petitioned for, a sum equivalent thereto for such
other arms as they may require, according to the prices at which they are rated by
the United States, when furnishing them, and signed by himself as principal, with
good and sufficient securities, conditioned to safely keep and have in readiness for
use, the arms and other equipments by him received, in case they should be re-
quired at any time. Which bond must be proved as to the sufficiency of the secu-
rity, by the judge of the circuit court of the county where such company is formed;
and his certificate thereof, together with the bond, shall be filed in the office of the
secretary of State.

Sec 36. The Governor, upon application being made to him as aforesaid, may,
if there be any arms or other equipments, so petitioned for, within the State, or due

MILITIA. 365

to this State from the United States, immediately furnish him with the same :
and the person so applying, shall, upon their being delivered, consider them in his
care, and from that time shall become responsible for the same, upon the conditions
of his bond: And said company shall be permitted to use the same upon all occa-
sions, whenever they may be called together for any kind of duty.

Sec. 37. There shall be held, annually, at the same place, on the same day
week next succeeding the regimental muster, a court of inquiry and assessment of
fines, to be composed of the colonel, lieutenant colonel, major and captains, or any
five of them, if a regiment, or three if a battalion, may act; the said eourt to con-
tinue in session from day to day, until the business shall be finished. It shall be
the duty of said court to assess fines on all delinquent officers, non-commissioned
officers, musicians and privates, belonging to such regiment, in conformity to the
provisions of this chapter : and to fine all captains or officers commanding compa-
nies, who shall neglect or refuse to return to said court by twelve o'clock of the day
of such court's sitting, all the delinquencies of their respective companies, at the
several musters, held during the year ; and it shall be the duty of all delinquents so
returned, to appear without further notice at said court, to make a lawful excuse, if
any they have; and should any persons feel themselves aggrieved by the decision of
said court, they may appeal to the colonel for a new hearing, who shall, on receiv-
ing satisfactory evidence that it is just, grant the same, by giving an order to the
constable to suspend the collection of such fine ; and if the person so applying for a
new hearing shall fail to attend at the next annual court of assessment, or shall not be
able to show cause why he should not have been fined, it shall be the duty of said
court to issue their warrant anew for the amount, with an addition of twenty per
cent. The presiding officer of each board shall cause the adjutant of the regiment
to keep a record of the proceedings of the court, in a book kept for that purpose,
and make out therefrom, a certified list of the names of the persons fined, with the
fine or fines annexed to each name ; upon which list it shall be the duty of the pre-
siding officer to issue, and furnish to the constable appointed to collect such fines,
the following warrant, to be indorsed at any time when it may be necessary, which
shall be his authority for collecting and paying over the same, to-wit:

V< . ' > ss. To A. B.. constable of the county of , Greeting:
County. ^ J J J

In the name of the people of the State of Illinois, you are hereby required and
commanded to collect from each person named in the foregoing list, the several sums
of money set opposite their respective names, and within ninety days after receiving
this warrant, to pay over to the paymaster of the regiment the amount so collected,
and take his receipt for the same ; and if any one or more of the said persons shall
neglect or refuse to pay the same, you are hereby further commanded to levy on the
personal goods and chattels of each delinquent, and make sale thereof according to
the law regulating the collection of debts of a similar amount by execution in this
State.

Given under my hand, this day of , A. D., 184 .

A. F., colonel of the
regiment and president of the court.
And any constable collecting any fines under the provisions of this chapter, who
shall neglect or refuse to pay over the amount so collected, as required in the fore-
going warrant, after deducting twenty per cent., which shall be his fees for collec-
tion, it shall be the duty of the paymaster of the regiment to proceed against such

366 MILITIA.

constable or his securities, before any justice of the peace of said county; and the
said constable and his securities shall only be exonerated from the payment of the
amount of such fines, by showing to the satisi'action of such justice, that there was
no property whereon to levy, of which such fine or fines could be made, or that the
collection had been suspended by order of the colonel ; and if, in the opinion of the
commandant of the regiment, or another board of officers, any constable has neglect-
ed his duty, it shall be the duty of such colonel or board to withdraw the warrant
from such constable, and appoint another or others, as the case may require.

Sec. 38. The following forfeitures and penalties shall be incurred for delin-
quencies, to-wit : By the commandants of divisions, for neglect of any of the duties
enjoined on them the sum of twenty dollars ; by the commandant of brigades, for
neglect of any lawful orders of their superior officers or any of the duties enjoined
on them, the sum of fifteen dollars ; by the commandant of a regiment, for neglect
of any orders of his superior officers, or any of the duties enjoined on him, the sum
of ten dollars ; by the commandant of a battalion, for neglect of any orders of his
superior officers, or any of the duties enjoined on him, the sum of eight dollars ;
by the commandant of a company, for neglect of any orders of his superior officers,
or any of the duties enjoined on him, the sum of five dollars ; by any subaltern
officer for neglect of any orders of his superior officers, or any of the duties enjoined
on him, the sum of three dollars; by the adjutant general, quarter-master general,
paymaster general, or either of the aids-de-camp to the commander in chief, for
neglect of any orders of their superior officers, or any of the duties enjoined on them,
the sum of fifteen dollars ; by a division inspector, division quarter-master, division
paymaster, or either of the aids-de-camp to the major general, for neglect of any
orders of their superior officers, or any of the duties enjoined on them, the sum of
ten dollars ; by a brigade major, brigade quarter-master, or the aid-de-camp to the
brigadier general, for any neglect of any orders of their superior officers, or any of
the duties enjoined on them, the sum of eight dollars ; by adjutant, quarter-master,
paymaster, surgeon or surgeon's mate of a regiment, for neglect of any orders of
their superior officers, or of any of the duties enjoined on them, the sum of five
dollars ; by the regimental non-commissioned staff officers, for neglect of any orders
of their superior officers, or any of the duties enjoined on them, the sum of two
dollars ; by non-commissioned officers, musicians and privates of companies, for
neglect to attend any regimental muster, the sum of two dollars ; or any other mus-
ter fixed or ordered agreeably to law, or for neglect of any orders of a superior
officer, the sum of one dullar ; for failing to attend at any muster without their
proper arms, uniform and accoutrements, they shall be fined in proportion to rank
as recited in the foregoing part of this section, in one-half the sum for neglect of
duty or disobediance of orders. Fathers shall be bound for the payment of fines in-
curred by their sons under twenty-one years of age; guardians, for the payment of
fines incurred by their wards ; and masters, for the payment of fines incurred by
their apprentices ; to be charged and collected accordingly.

Sec. 39. On complaint of a commissioned officer in writing, to a superior offi-
cer, charging any officer under the command of such superior, with neglect of any
of the duties enjoined on them by law, of disobedience of orders, or of being guilty
of any conduct unbecoming an officer or a gentleman, such superior officer shall, if
he thinks the complaint sufficient cause for an arrest, cause the officer against whom
such complaint is made, to be arrested, by notifying such officer in writing that he
is suspended from command until acquitted from such arrest; stating at the same

MILITIA. 367

time, the grounds of arrest, and the time and place of trial ; and at the same time
notify the officer next in command, that in consequence of such arrest, he is required
to do the duties which were enjoined on (he officer so arrested : Provided, That
when any superior officer shall consider the charges made against any officer of
insufficient consequence to cause his arrest, he shall, on application of the officer
preferring the charges, give him his reasons in writing for his refusal to cause the
arrest ; which reasons the complaining officer may >end, together with the charges,
to the next common superior, who may, if he thkiks it correct, order the arrest and
trial of such officer.

Sec. 40. In all cases where an officer is arrested, the officer who orders the
arrest, shall issue any subpoenas that may be applied for by either of the parties, or
which he may think necessary to compel the attendance of witnesses : and the
party so applying, or any person whom the officer granting the subpoena may ap-
point, may serve the same, and indorse the time of service thereon, which shall be
at least three days previous to the sitting of the court martial, and shall make a
return thereof to the president of the said court, the first day thereof, who shall, if
necessary, administer an oath or affirmation to the person returning the subpoena
relative to the service thereof: any person who neglects or refuses to attend a court
martial, after being subpoenaed, shall be fined, in a sum not exceeding fifty dollars,
which fine shall be collected and applied as other fines under the provisions of this
chapter ; and any court martial shall have power to issue compulsory process to
compel the attendance of witnesses who neglect or refuse to attend, after being duly
subpoenaed.

Sec. 41. Major generals shall be tried by courts martial appointed by the com-
mander-in-chief, where a major general shall preside ; brigadier generals shall be
tried by courts martial appointed by a major general, where a brigadier general shall
preside; colonels, lieutenant colonels, majors and captains, shall be tried by courts
martial appointed by a brigadier general, where a colonel shall preside; an:l sub-
alterns shall be tried by courts martial appointed by a colonel, where a lieutenant
colonel or major shall preside : each court martial shall consist of not less than five,
nor more than thirteen members, and to be of rank, as near as can be conveniently
had, of the officer tried : all courts martial, so ordered, shall have powrer to punish
any officer for neglect of duty, disobedience of orders, contempt, or any conduct
unbecoming an officer or a gentleman, by suspension, fining, cashiering and dis-
qualification to hold any office in the militia of this State : Provided, That when the
militia are called into service, the commanding officer present shall alone have power
to order an officer into a state of arrest, except in such cases as are designated
in the twenty-seventh article of war.

Sec 42. When any court martial is met, the president shall administer the fol-
lowing oath or affirmation to the judge advocate : "You do solemnly swear, or affirm,
(as the case may be) that you will not disclose or discover the vote of any par-
ticular member of this court martial, unless required to give evidence thereof as a
witness by a court of justice, nor divulge the sentence of the court to any but the
proper authority, until it shall be disclosed by the same;" and the judge advocate,
or the person acting as such, shall administer the following oath to each member of
such court martial : "You do swear, or affirm, (as the case may be.) that you will
truly determine, according to evidence, the matter now before you, between the
United States, or the State of Illinois, (as the case may be,) and A. B. (the person
to be tried) and that you will truly administer justice, according to law, without

368 MILITIA.

partiality, favor or affection, according to your conscience and the best of your
understanding, and the custom of war in like cases ; and that you will not di-
vulge the sentence of the court, until it shall be published by the proper au-
thority ; neither will you discover the vote or opinion of any member of the
court, unless required to give evidence thereof in a court of justice." The
judge advocate shall prosecute in the name of the United States, or of this State,
(as the case may be,) but shall so far consider himself counsel for the person ac-
cused, as to object to any leading question being put to him, or any witness, which
might tend to criminate himself; he shall also see that right and justice shall be
done to the accused. All persons giving evidence before a court martial, are to be
examined on oath, in the following manner: "You do swear, or affirm, (as the case
may be) that the evidence that you give shall be the truth, the whole truth, and
nothing but the truth." The court shall have power to punish its members, or any
person attending the same, for disorderly conduct, as in other cases ; and in giving
their votes on any subject, to begin with the lowest in rank: Provided, That the
party tried by such court martial, shall be entitled to a copy of the sentence and the
proceedings of the court in his case, after the decision and sentence, upon demand
thereof, whether such sentence be approved or not : Provided, also, That all sen-
tences of any general court martial shall be submitted to the officer ordering such
court, who shall have power to approve or disapprove the sentence of any such
courl ; also, to pardon, or mitigate the sentence.

Sec. 43. Whenever it may be necessary to call into actual service any part of
the militia of this State, on a requisition of the executive of the United States, on
an actual or threatened invasion of this State, or any of the neighboring States or
territories of the United States, the commander-in-chief, shall forthwith demand
from each division, a detachment in proportion to the strength thereof, except as
hereinafter excepted : which order shall be delivered by a special messenger to the
several commandants of divisions, specifying the number required from each divis-
ion ; the time and place of rendezvous, if ordered to march, and if the same be
detached under any particular act of the United States, to indorse the same on such
order ; and the several commandants of divisions, after receiving such notice shall
proceed forthwith to detach the same accordingly : Provided, That whenever the
safety of any of the frontier settlements of this State shall, in the opinion of the
Governor, require it, he may exempt the militia in such settlements, from being
called into service, and make such further provisions for their defence as the ne-
cessity of the case may require : which exemption shall be expressed in his orders
to the commandants of the divisions, who together with the commandants of brig-
ades, regiments, battalions and companies, shall govern themselves accordingly :
And, provided also, That such militiamen may be required to serve as spies on their
own frontiers ; and that on actual invasion, or any extreme emergency, the com-
mander-in-chief, commandants of divisions, brigades, regiments, battalions and com-
panies, may call on the whole or any part of the militia under their respective
commands, as the nature of the case may require ; who shall continue in service if
necessary, until the militia can be regularly called out ; and all manner of persons
so called and refusing to serve, shall be liable to the penalties and punishments, as if
they had been regularly drafted into actual service.

Sec. 44. Whenever any detachment of militia of this State, shall be ordered
into actual service, to perform a tour of duty, under the laws of this State, the
commanding officer of brigades or regiments, on receiving the proper orders from any

MILITIA. 369

superior officer, shall issue his orders to the commanding officers of the regiment or
battalion composing his brigade or regiment, (as the case may be,) detailing to them
the number of men required from their respective commands, ordering them to
cause the captains or commanding officers of companies, together with the subal-
terns or commissioned officers of their respective companies composing their regi-
ments or battalions, to furnish the number of men required; and on the receipt of
such orders, the commanding officer of each and every company so ordered, shall
forthwith assemble his company at their usual place of muster, and at such meeting
he shall divide those subject to do military duty, by ballot, into as many classes as
there are men required of him; and in case of the absence of any of the members
of the company, the commanding officer shall draw for him or them, and forthwith
notify such absentee or absentees, by himself or a non-commissioned officer ; and
when such absentee or absentees can not be found, a written notice shall be left at
his or their last and most usual place of abode, signed by a non-commissioned offi-
cer, by whom such notice may be proven ; which warning shall be deemed suffi-
cient; and each class, so formed, shall furnish one able bodied man, by draft or
contract, as such class may agree, within five days thereafter, to the acceptance of
the commanding officer of such company, who shall immediately enroll such man or
men, and cause them to be marched agreeably to the orders he may have received
for that purpose.

Sec. 45. When any class shall be called on to furnish a militia man, agreeably
to the preceding section, and any part of such class shall agree and actually furnish
such able bodied man, to the acceptance of the commanding officer of such company,
and the remaining part of such class, furnishing a man, shall report the same, in
writing, to the commanding officer of the company to which such class may belong ;
and on the receipt of such report, the captain or commanding officer shall immedi-
ately assess on the members of the class, equally, the amount which may have been
paid or contracted to be paid by that part of the class who have furnished the man,
and shall certify and deliver the same over to such part of the class as has furnished
the man returned for service ; and such man or men having furnished such able bo-
died man for the class to which they belong, on the receipt of such certificate, shall
have full power to sue for and recover in their own name, and for their own use,
for each of the remaining parts of the class who have refused or neglected to com-
ply with such requisition, his equal part of the sum paid or to be paid as aforesaid,
before any justice of the peace* or court having competent jurisdiction, which shall
be collected, with costs of suit, and paid over as in other cases ; from which there
shall be no appeal or stay of execution : Provided, That no more than fifteen dol-
lars per month shall be given, in addition to the regular monthly pay of any substi-
tute so hired in the name and for such class.

Sec 46. If either of the classes, when regularly formed and notified, shall ne-
glect or refuse to comply with the requisitions of this chapter, within five days, the
captain or commanding officer of such company shall detach, by draft, one able
bodied man from each and every class so refusing or neglecting, and cause him to
be enrolled and march forthwith to the place of rendezvous ; and if such man shall
desert or abscond, after being ordered to the place of rendezvous, he shall be ad-
vertised and treated as a deserter ; and when any militiaman shall be so drafted, the
commandant of his company in which he resides, shall thereupon assess on the
remaining members of the class, equally, the sum of fifty dollars, and certify the
same to such militiaman, on application, who shall thereupon be authorized and em-

24

370 MILITIA.

powered to sue for and recover, from each of the remaining members of his class
the sum so assessed, in the same manner as a part of a class furnishing a man for a
tour of duty are by the provisions of the preceding section empowered to recover
from the part neglecting or refusing : Provided, That in all cases, any person so
drawn, may serve by a sufficient substitute, to be approved by the captain or com-
manding officer of the company to which he may be offered to serve in.

Sec. 47. When there may be minors in any class, parents may be bound for
their sons, guardians for their wards, to the extent of the funds of such wards in
the hands of such guardians, and masters for their apprentices.

Sec. 48. No militiaman who has served a tour of duty, either by himself or
substitute, nor militiaman who has paid the whole penalty for neglecting or refusing
to perform a tour of duty, shall be called on to serve a second tour of duty until each
remaining member of the class has served a tour of duty, either by himself or sub-
stitute : Provided, That all fines or penalties that may be collected for neglect, de-
sertion or refusal to serve, shall, in time of war, be applied to hiring of substitutes,
and equally divided among the classes of the company to which the person belonged,
owing such fine.

Sec. 49. When any detachment of militia shall be called into service, the cap-
tain or commandant of each company, shall take care that his portion of men are
assembled and inarched to the proper place of rendezvous, with a list of the men ;
which list he shall deliver or cause to be delivered to the adjutant of the regiment,
who shall make out a roll of the whole, the rank of the officers, and names of the
non-commissioned officers and privates ; and when the detachment shall be comple-
ted and placed under the proper officer, he shall attend them to a place appointed
for the meeting of the detachment of the brigade, where the several adjutants shall
deliver to the brigade major or officer appointed to command the whole detachment
from the brigade, a complete roll, containing the names of the commissioned officers,
non-commissioned officers and privates, composing the detachment from each regi-
ment, noting such remarks as circumstances may require ; and it shall be the duty
of the officer appointed to command such detachment, to make out two complete rolls
of the whole detachment, and certify under his hand, one of which he shall direct to
the brigadier general, and the other to the major general of the brigade and division
from which such troops are detached.

Sec 50. For the purpose of having the militia, when called into service, pro-
perly officered, the following order is hereby enjokied, that is to say : All major
generals shall serve on tours of duty agreeably to the dates of their respective com-
missions, if the whole detachment from the State amounts to a major general's com-
mand ; and the brigadier generals shall also serve according to the dates of their
commissions respectively, if the whole detachment from the State shall amount to a
brigadier general's command ; and if more than one brigadier general's command, the
next senior brigadier genoral shall be called to take command ; subordinates and so on in
succession ; and all ether officers, although out of the State at the time the call is made,
shall serve according to the dates of their respective commissions, as follows : The
senior colonel, lieutenant colonel, major and platoon officers, within the bounds from
which such regiment, battalion or company was formed, shall take command therein
according to rank, in proper succession ; and when there shall be two or more commis-
sions of the same rank and date in any regiment, the commandant thereof shall, in the
presence of two disinterested officers, determine the seniority of such officers by lot,
which shall ever after govern such officers as to their rank ; in like manner the

MILITIA. 371

brigadier general shall determine the rank of colonels in his brigade ; in like man-
ner major generals shall determine the rank of brigadier generals in his division ;
and in like manner shall the adjutant general determine the rank of major generals :
and the rank thus determined, shall be entered on the several rank rolls, as pointed
out in this chapter. The division, brigade and regimental staff officers will serve
on tours of duty with their respective generals or colonels, (as the case may be;)
the non-commissioned officers shall serve with their respective company officers, as
follows : The first sergeant, first corporal and musicians shall serve with the cap-
tain ; the second and third sergeant and second and third corporal, with the first,
lieutenant; the fourth sergeant and fourth corporal shall serve with the second
lieutenant : Provided, That when the adjutant shall be called to perform regular
tours of duty with the colonel, he shall, previous to his departure from the regiment
in which he shall belong, deliver all papers and records in his possession, and
belonging to the regiment, unto the senior officer remaining in said regiment, who is
hereby authorized and required, without delay, to appoint an adjutant pro tempore ;
and when absence, sickness or other circumstances prevent any non-commissioned
officer of a company from marching, when called, the commissioned officers shall
determine, by lot, among the other non-commissioned officers, who among them shall
perform the tour of duty in place of him whose duty it was to march ; and those
persons on whom such lot may fall, shall be compelled to perform the tour of duty
in the same manner as though he were otherwise subject to the same ; and he whose
duty it was to serve such tour of duty shall march on the next; and any officer or.
non-commissioned officer, who may resign his office after being notified to march on
a tour of duty, before he has completed the same, shall be compelled to serve on such
tour as a private, under all the penalties described by this chapter, for a private
failing to perform a tour of duty, after being regularly drafted on such a tour :
Provided, That the commander-in-chief may, if he shall think it advisable, permit
any superior officer to take the command of any detachment of militia called into
service ; such officer to rank, during his continuance in such command, agreeably
to its number and the requisition, without regard to his rank in the militia.

Sec. 51. If any person wishes to be exempted from military duty, on account
of bodily infirmity or disability, such person shall appear before the next regimen-
tal court of inquiry or assessment, where he shall be examined on oath by the sur-
geon of the regiment, in the presence of the court, relative to his indisposition or
disability to perform military duty ; the president of the court shall give to each man
found disabled, a certificate of exemption until his complaint shall be removed.

Sec. 52. The militia of this State, when called into actual service, shall serve
six months, unless sooner discharged, from the time they arrive from the place
of rendezvous within the brigade from which they are detached ; which place shall
be designated by the commandant of the brigade; and shall, in all cases, be com-
manded by the militia officers regularly elected and appointed, agreeably to the
provisions of this chapter; and if discharged previous to the expiration of six
months, shall be entitled to pay for such time as they have been in the service,
allowing them a reasonable time to return to their places of residence, and shall be
entitled to a discharge for a full tour of duty.

Sec 53. The adjutant general shall be allowed, in time of war, four hundred
dollars, and in time of peace, one hundred dollars, annually ; the division inspector,
the sum of five dollars for each regiment he shall actually inspect by order of the
major general of the division to which he belongs, on the certificate of the major

372 MILITIA.

general; the brigade major, the sum often dollars, annually, for each battalion in the
brigade to which he belongs, on the certificate of the major general; officers per-
forming the duties of special judge advocate to general courts martial, the sum of
one dollar and fifty cents per day; and to officers attending a general court martial,
as members or witnesses, the sum of one dollar per day for every day they may be
necessarily employed in the performance of said duties, on the certificate of the
officer ordering and the president of the court, to be paid out of the State treasury :
Provided, That no compensation will be allowed to officers attending courts martial,
as members or witnesses, who reside within ten miles of the place where such court
is held. The adjutants of regiments, the sum of one dollar and fifty cents per day
for attending each battalion and regimental muster and court of assessment, upon
the certificate of the colonel, to be paid out of the funds of the regiment.

Sec 54. In addition to the persons exempted from military duty by the laws of
the United States and by this chapter, there shall be exempted the following: The
lieutenant governor of the State, the chief and associate justices of the supreme and
circuit courts, the attorney general of the State, licensed ministers of the gospel, and
keepers of jails.

Sec 55. The following shall be the uniform and equipments of the several
officers of the militia of this State, to be worn at all times when on duty: Every
general officer or of the general staff, blue coat and pantaloons, made in the fashion of
the United States' uniform, gold epaulets, with sword, mounting, buttons, spurs, &c,
of the same color ; a round hat, black cockade, white plume, black belt, red silk
sash, stock and boots ; every regimental officer, a blue coat and pantaloons, made in
the fashion of the United States' infantry uniform, or common dress coat, as such
regimental officer may think proper, silver epaulets or epaulet, according to rank,
sword, mounting, buttons and spurs of the same color; a round hat, black cockade,
with plume with a red top, red belt, stock and boots : Provided, That platoon offi-
cers may wear a blue hunting shirt and pantaloons, trimmed with red ; and for good
cause shown, shall not be fined for not wearing epaulets. Officers of the medical
staff may wear a blue coat and pantaloons, made in the fashion of the general staff,
with black silk velvet collars and cuffs, yellow mounted sword or hanger, yellow
buttons, spurs, &c.

Sec 56. The colonels commanding regiments, lieutenant colonels, and majors
commanding battalions, and captains commanding companies, shall appoint the
place of holding their several regimental and drill, battalion and company musters,
which shall be as near the centre of their respective commands as convenient ; and
all officers, non-commissioned officers, musicians and privates, whose duty it is made
by this chapter, to attend any regimental drill, battalion or company muster, by the
hour of ten, A. M. of the day of such muster, armed and equipped ; at half-past
ten o'clock, the officers commanding companies, shall cause .their respective rolls
to be called, and note all delinquents : at eleven o'clock the superior officers pre-
sent at any regimental, drill, battalion or company muster, shall assume the com-
mand, and exercise them until three o'clock, P. M., agreeably to the established
discipline for the army of the United States.

Sec 57. The colonels commanding regiments, and majors commanding battal-
ions, not attached to a regiment, shall, as soon as there are funds sufficient belonging
to the regiments or odd battalions, purchase out of said fund, a stand of colors made
after the fashion of the United States' flag, with the number of the regiment, brig-
ade and division inscribed upon it; the captains commanding companies shall

MILITIA. 373

furnish their respective musicians with proper instruments ; and the drum and
fife majors shall furnish themselves with proper instruments, to be paid for out of
the funds of the regiment, by order of the regimental board of officers.

Sec. 58. In addition to the services required of the major generals by this chap-
ter, it shall be their duty to review the several regiments and odd battalions not
attached to regiments, composing the several brigades attached to their respective
divisions, as often as is consistent, and as in their opinion the good of the service
may require, to cause their respective division inspectors to record all general or-
ders ; also, all reports and rank rolls received annually from the several brigades
attached to their divisions; and, when required by the commander-in-chief to make
ojit division returns and rank rolls, to be forwarded to the adjutant general of the
State ; and to do and perform all other duties that may be necessary to carry into
effect the provisions of this chapter, or which may appertain to the office of major
general.

Sec. 59. In addition to the services required of the brigadier generals by this
chapter, it shall be their duty to review their several regiments, and battalions not
attached to regiments, composing their respective brigades, annually, at their regi-
mental or battalion musters in the fall ; to cause their respective brigade majors to
record all reports received annually from the several regiments and odd battalions,
composing their commands, and to make out a consolidated brigade return therefrom
and forward one copy to the major general of the division, and one to the adjutant
general of the State, on or before the first day of December, annually ; and to do
and perform all other duties which may be necessary to carry into full effect the
provisions of this chapter, or which may be necessary to the perfection of disci-
pline, or which may in anywise appertain to the effect of brigadier general.

Sec. 60. In addition to the services required of the colonels commanding regi-
ments, and majors commanding battalions not attached to a regiment, it shall be their
duty to require from the several officers commanding battalions, if a regiment, or
companies, if a battalion, complete returns of their respective commands, on the
day of a regimental or battalion muster, in the fall of each year ; to cause their
adjutants to record all returns so received; also, all orders received or issued by
themselves ; and to make out a regimental return and rank roll, and forward it to
the brigadier general of their respective brigades, on the day of holding their an-
nual regimental court. It shall also be their duty to take the command at all regi-
mental or drill musters, and exercise their regiments or battalions, (as the case may
be,) agreeably to the discipline established for the army of the United States : also,
to be responsible for the good order of their respective regiments or odd battalions,
as the case may be, and cause to be executed the laws and orders applicable to their
commands ; and to do and perform all other duties belonging to their respective
offices.

Sec. 61. In addition to the service required of lieutenant colonels and majors
commanding battalions, it shall be their further duty, to assume the command at all
musters of their respective battalions, to require of the officers commanding com-
panies, annual returns on the day of the regimental muster in the fall; and on the
same day deliver the returns so received to the officer commanding the regiment ;
and to do and perform all other duties which may in any way appertain to their
office.

Sec 62. In addition to the services required of captains or officers command-
ing companies, it shall be their further duty, to take command of their respective

374 MILITIA.

companies, at all company, battalion, and regimental musters, at ten o'clock, A. M.
of the day of holding such muster ; and at half-past ten o'clock call or cause the
roll of their company to be called, under their immediate inspection, noting all de-
linquents at any such muster upon a company roll or report of delinquents made
out by them for that purpose ; in which all the delinquents at any muster held dur-
ing the year shall be noted ; which delinquent report shall be returned to the regi-
mental court of assessment of fines, by twelve o'clock of the day of holding such
court, by every such commanding officer ; which shall be considered good evidence
against all delinquents therein returned; also, to make out and deliver to the com-
manding officers of their respective regiments or battalions, on the day of holding
the regimental or battalion musters in the fall, a complete return of the companies
under their command ; at which muster, they shall cause the names of such per-
sons as have been delinquents at any muster held during the year, to be read aloud ;
also, to obey all orders from their superior officers, and to do and perform such
other duties as may appertain to their office. It shall also be the duty of all infe-
rior officers, non-commissioned officers, musicians and privates, to go on parade at
all musters so held at ten o'clock; and to do and perform such services as may, in
anywise appertain to their respective stations.

Sec. 63. In case of the death, removal, absence or resignation of any superior
officer, it shall be the duty of the next officer in rank attached to the same corps,
to assume the command and perform all the duties that would have devolved on any
such commanding officer, were he present; and to exercise the same until such su-
perior officer shall return, or the vacancy be filled agreeably to the provisions of
this chapte'r. In like manner, if it should happen at any time, that there is no com-
missioned officer belonging to any company, it shall be the duty of the senior non-
commissioned officer of such company, to assume the command, under the same
penalties that any superior officer of a company would be, were they present, for
any neglect of their duties.

Sec. 64. There shall be observed in the several corps of militia in this State,
a gradual and universal subordination of authority ; and all inferior officers and pri-
vates shall obey all orders from their respective superior officers ; but it is under-
stood that orders are not. to be manifestly against law or reason ; and that nothing in
this chapter, shall be so construed as to prevent any superior officer from taking the
command, at any muster of the militia of this State.

Sec. 65. The adjutant general shall keep his office at the seat of govern-
ment ; and it shall be his duty to receive all certificates of elections for officers, to
iile the same in his office, to procure from the secretary of State the commissions
of all officers duly elected or appointed ; and within ten days after receiving any
certificate of election or appointment, forward the commission to the officer by
whom such certificate was transmitted ; all which commissions shall be properly
registered by him ; also, to lay before the commander-in-chief, an abstract of the
annual returns of the militia made to his office, and forward to the President of the
United States, annually, a duplicate thereof; to perform the duties of inspector
general, and distribute all orders from the commander-in-chief of the divisions, or
other corps of militia; to attend all reviews with the commander-in-chief; to obey
all orders from him relative to carrying into effect the provisions of this chapter,
and to do and perform all other acts and duties which appertain to the office of ad-
jutant general.

MILITIA. 375

Sec. 66. It shall be the duty of the division inspector of each division, to act as
assistant adjutant general, to distribute all orders from the commandants of divis-
ions, or the adjutant general; attend all reviews with the major general ; to record
all orders received or issued by the major general ; also, all returns and rank rolls
received annually, from the several brigades composing their division ; also, a detail
of all detachments marched into service from their divisions, in a general order book
kept for that purpose; also, to make out division returns, when required by the
major general or any superior officer, and to perform such other duties as may ap-
pertain to their office.

Sec 67. In addition to the services required of the brigade majors, it shall be
their duty to attend all regimental musters, and all officer and drill musters held
in the several regiments, or odd battalions not attached to a regiment, composing
their respective brigades, to inspect the arms and equipments of all officers and
privates at every such muster, and report all such as are delinquent, to the com-
manding officer present, to be handed to the next regimental court of assessment ;
also, to record all orders received or issued by the brigadier general ; also, all re-
turns and rank rolls received annually, from the several regiments and odd battal-
ions composing their resnective brigades, in a general order book kept for that pur-
pose ; to consolidate the annual returns and rank rolls received from the several
officers commanding regiments and odd battalions in their brigades, into a brigade
return ; and on the first day of December, annually, transmit one copy to the major
general of the division, and one to the adjutant general of the State ; to keep a cor-
rect detail of all detachments marched from their brigade into service ; to distribute
all general orders ; and to do and perform such other services as may be necessary
for the discipline of the militia, and all other duties that may appertain to the office
of brigade inspector.

Sec 68. In addition to the services required of the adjutants of regiments or
odd battalions, it shall be their duty to attend all regimental, drill and battalion mus-
ters, and courts martial, or courts of inquiry held in their respective regiments or
battalions, (as the case may be ;) to deliver all general and regimental orders ; also,
to record all orders received or issued by their respective commanding officers ;
also, all annual returns received by them, and the date of each officer's commission
belonging to their regiment or battalion, noting the resignations, removals, or death
of any officer, in an order book kept for that purpose; also, to make out under the
direction of their commanding officers, regimental returns and rank rolls, and on
the day of holding their annual court, forward such returns and rank rolls to the
general of their respective brigades; to furnish the paymaster of the regiment with
a duplicate of all lists of fines put into the hands of any constable for collection ;
also, at all regimental or drill musters, in case of the absence of the brigade major,
to perform such duties as may be required of him at any such muster ; also, at all
regimental, battalion or drill musters, to form the regiment or battalion, (as the case
may be,) by eleven o'clock, A. M., and immediately thereafter inform the command-
ing officer that the parade is ready ; also, to keep a correct detail of all detachments
marched into service from their regiments or battalions, (as the case may be,) and
to do and perform such other duties as may be required of them by their superior
officers, and all other duties that may appertain to the office of adjutant.

Sec. 69. It shall be the duty of the sergeant major to assist the adjutant inform-
ing the regiment or battalion, (as the case may be,) at all musters ; also, to assist

)

376 MILITIA.

him in delivering all orders to the regiment, and to do such other services as he
may be required to perform, or that may belong to the station of sergeant major.

Sec. 70. It shall be the duty of the quarter-master general, to apply for and re-
ceive all arms that are or may become due to this State from the general government, to
deposit all arms so received, or which may have heretofore been received, and not
otherwise disposed of, in some safe place at the seat of government of this State ;
also, to employ such means to preserve all such arms from damage, as in his opin-
ion may, from time to time, become necessary ; to furnish, when required so to do
by any superior officer, a full exhibit of all the arms in his possession belonging to
the State ; also, to do and perform all other duties that may, in anywise appertain
to the office of quarter-master general.

Sec 71. All officers belonging to the general or regimental staff, whose duties
are not defined particularly by this chapter, shall attend all musters held by their
respective commanding officers, to obey all orders from them, or any superior
officer, and to do and perform such other duties as may, in anywise appertain cr
belong to their respective stations.

Sec. 72. Each regimental paymaster appointed under the provisions of this
chapter, shall, and is hereby required to give bond to the county commissioners of
the county where he may reside, and their successors in office, with good and suf-
ficient security, in the sum of two hundred dollars, conditioned for the faithful per-
formance of his duty ; which bond shall remain on file in the clerk's office of said
commissioners, and be prosecuted on a failure in the conditions thereof, at the suit
of the adjutant, in the same manner that a suit could he prosecuted against a sheriiF
or county treasurer for a failure of the conditions cf his bond : it shall also be his duty
to receive all money belonging to his regiment or odd battalion, (as the case may be,)
which he shall only pay out by an order from the regimental court ; taking at all
times, proper vouchers lor any moneys so paid; to attend all courts of inquiry
held in his regiment or battalion, and lay before the board an account of the finances
of the regiment, stating particularly all moneys received and paid out, with his se-
veral proceedings relative to the duties of his office ; and all accounts so exhibited
and settled by the board, shall be entered by the adjutant on his order book: and
to do and perform such other services as may be required, or which may, in any-
wise appertain to the office of paymaster.

Sec 73. If any paymaster shall neglect or refuse to pay over any moneys that
may be in his hands, the adjutant of the regiment shall make an application in
writing to the circuit court held in the proper county against such paymaster, set-
ting forth the facts ; and the adjutant shall give the said paymaster a copy of any
such application five days before the session of said court; whereupon the court
shall, at that term, proceed to render judgment against such paymaster and his se-
curities, for the amount of such moneys so retained, with twenty per cent, added,
and interest until paid, with costs of suit ; and the testimony of the adjutant or other
parol evidence of such delinquency, shall be sufficient for the court to render
judgment; from which there shall be no appeal or stay of execution.

Sec 74. When any necessary expense shall accrue in carrying into effect the
provisions of this chapter, for the payment of which no provision is herein before
made, the same shall be paid out of the contingent fund, by the order of the com-
mander-in-chief.

Sec 75. Whenever there is any new division or brigade created, the elections
to fill such vacancies shall be held on the third Saturday of September ; the elec-

MILITIA. 377

tion to be held at the same places that the regimental musters are held, and conduc-
ted by the colonels or majors commanding odd battalions ; and when there is no
commissioned officer in the county, it shall be held by the sheriff, and advertised by
him according to law ; and when there is any county in the State that the militia is
not organized, the sheriff of such county shall advertise and hold all such elections
at the county seat, on the first Saturday in June ; or if there be pressing necessity
therefor, at any other time he may appoint.

Sec. 76. Whenever any volunteer or independent company shall be organized
according to the laws of this State, it shall be lawful for such company, at any reg-
ular meeting thereof, to adopt a constitution and by-laws for the regulation and
government of said company, which shall not be inconsistent with the constitution
of the United States or of this State.

Sec 77. It shall be the duty of the acting orderly sergeant of the company to
keep a perfect and complete record of the constitution and by-laws of said company,
which shall be signed by the acting captain of the company, and countersigned by
the acting orderly sergeant, and said constitution and by-laws shall, at all times, be
subject to the inspection of any member of the company, and of all militia officers,
and any person interested therein.

Sec 78. Said constitution and by-laws may fix the fines and penalties which
shall be imposed on any member of the company for an infraction of any of the
provisions of said constitution or by-laws, and may also fix the fines which shall be
imposed on any member for a failure to parade at any muster which may be called,
according to the constitution or by-laws of the company.

Sec 79. No company shall be entitled to any of the benefits hereof, which shall
not provide in its constitution or by-laws for company musters at least once in each
year.

Sec SO. When any member of the company shall have been guilty of a Auolation
of any of the provisions of the constitution or by-laws of the company, and a fine
shall have been assessed on him in accordance with the provisions of said constitu-
tion and by-laws, it shall be the duty of the acting orderly sergeant of the company,
or in case he is interested, then of the next sergeant of the company, to demand of
such member said fine, and in case of his neglect or refusal to pay the same, it shall
be lawful to bring suit for the same in the name of the company before any justice of
the peace of the county, subject to an appeal to the circuit court, as in cases of debt
or assumpsit : Provided, however, That when said suit shall be brought, security
for costs shall be given by some responsible person or persons, in case said suit
shall be determined against said company.

Sec 81. It- shall be sufficient evidence that the constitution or by-laws have
been regularly adopted if they are signed by the acting captain, and countersigned
by the acting orderly sergeant of the company ; and any member of said company
may be a witness in all cases brought under the provisions of this law.

Sec 82. All fines collected shall be received by the acting orderly sergeant or
acting captain of the company, and shall be used for the benefit and under the direc-
tion of the company.

Sec 83. It shall be lawful for any two or more volunteer companies to organ-
ize themselves into an odd battalion, and elect their major and all other staff officers :
Provided, The parade grounds of said companies are in the same county and not
more than twenty-five miles apart, and in case there shall be four or more volun-
teer companies in one county, they may organize themselves into a regiment and

378 MILLS AND MILLERS.

two battalions, and elect their colonel and staff officers in such manner as may be
mutually agreed upon by the respective companies.

Sec. 84. Whenever any battalion or regiment shall become organized as afore-
said, it shall be lawful for the same to adopt a constitution and by-laws for their
government, as is above provided for in the cases of companies, the acting colonel
or major, (as the case may be,) supplying the place of the acting captain, and the
acting adjutant the place of the orderly sergeant.

Sec. 85. Any person serving eight years in one or more volunteer or inde-
pendent companies, shall be exempt from performing any military duty in time of
peace, upon obtaining a certificate or certificates that he has faithfully discharged
his duty as a member of said company.

Approved : March 3, 1845.

CHAPTER LXXL

MILLS ATsTD MILLERS.

Section

7. Title to land acquired under inquiry to be per-
fected ; how forfeited.

8. Inquest of jury not to bar action for damages
subsequently ascertained.

9. Person failing to erect or keep in repair, his
mill dam, to forfeit rights hereby conferred.

10. Public mills, what deemed.

11. Duty of millers, to grind, &c.j rates of toll.

12. Further duties, and tine for neglecting.

13. Miller, to what extent accountable for grain,

1. Persons desiring to erect mills and not own-

ing lands on both sides of the stream, may
have writ of ad quod damnum, to assess dam-
ages due to other owner.

2. Jury to be summoned, and notice given.

3. Jury to assess damages, and set apart the neces-

sary quantity of land.

4. After return of jury, owner of lands to be taken,

to be notified to appear at county commis-
sioners' coiu't, &c.

5. When writ may be had as to overflowing lands j &c, left at his mill,

and endangering the public health. 14. Penalty for taking excess of toll.

6. When leave to erect dam not to be given ; when | 15. Penalties, how sued for and recovered.

to be given.

Section 1. When any person owning lands on one side of any stream or wa-
ter course, the bed of which wholly or in part belongs to himself or herself, and
may be desirous of building a water grist mill or saw mill on such lands, or of erecting
any dam across such water course for that purpose, and shall not own the lands on
the opposite side of such stream or water course, such person, on application to the
county commissioners' court of the county where the opposite lands may lie, may
obtain a writ of ad quod damnum to be issued, directed and proceeded on as is
hereinafter directed: Provided, That notice in writing of such application be given
four weeks before the said application, by personal service on the owner or owners
of such lands, his, her or their agents, if to be found in the county, and if not, then
by affixing such notice on the court house door of the county.

Sec 2. The said writ shall be directed to the sheriff" of the county in which the
lands to be affected thereby may lie, commanding him to summon twelve good and
lawful men of his county, to meet upon the lands in such writ named, on a day
therein to be specified ; and ten days' notice of the execution of such writ shall be
given by the sheriff to the proprietor of such lands, as before directed in the case of

MILLS AND MILLERS. 379

notices, unless the party, his, her or their agent were present in court when such
writ was obtained.

Sec. 3. The jury so summoned, when met, shall be sworn and charged by the
sheriff", impartially and to the best of their skill and judgment, to view the lands in
the said writ described, and the lands above and below the proposed dam, and as-
certain the damages, as by said writ directed, and shall locate and set apart, by metes
and bounds, so much land as they may think necessary for the purpose of erecting
such dam, not exceeding three acres, having due regard in such location, to the
interest of both parties, and shall appraise the same at its true value ; also, to ex-
amine the lands of other persons, which may probably be overflowed by the erec-
tion of such dam, and say what damage each owner will sustain thereby, and
whether the dwelling house, out-house, orchard or garden of any such owner will
be overflowed ; and whether, in their opinion, the health of the neighborhood will
be injuriously affected by such overflowing ; which inquisition shall be made and
signed by all the jurors, and returned by the sheriff, with the writ, to the next
term of the court whence it issued.

Sec 4. When the inquest aforesaid shall be taken, the party obtaining the
same, shall notify the owner or owners of lands mentioned in such inquisition, whose
lands are to be affected by the same, to appear at the next county commissioners'
court and show cause why leave should not be granted to build such mill and dam ;
which notice shall be served as before directed.

Sec. 5. Any person wishing to build such mill, and to dam any water course,
who may own the land on both sides of such stream, shall make application as afore-
said, to the court of the county where such mill is proposed to be erected, for a
writ to examine as aforesaid, what lands may be thereby overflowed, and what
damage will be sustained by the owner or owners of such lands, and whether the
health of the neighborhood will be affected by such overflowing ; which writ shall
be issued, directed and returned as before prescribed.

Sec. 6. If, on such inquest, or other evidence, it shall appear to the court that
the dwelling house of any proprietor, or any out-house, garden or orchard will be
overflowed, or the health of the neighborhood impaired, they shall not give leave to
erect such dam. If the said court shall judge it reasonable, and for the public
benefit, they may give leave, and lay the party applying, under such regulations
and restrictions in respect to the navigation of such stream, as they shall judge
proper.

Sec. 7. If the party applying, obtain leave to build the said dam, he shall, on
paying to the proprietor or proprietors of the lands located the damages assessed
by the jury as aforesaid, become seized in fee of the land so located, to him, his
heirs and assigns. But if he shall not, within one year thereafter, begin to build
the said mill, and finish the same within three years, and afterwards keep it in
good repair for the accommodation of the public, or in case the said mill or dam
be destroyed, shall not' begin to rebuild in one year after its destruction, and finish
it in three years, the said land shall revert to the former owner and his heirs ; un-
unless at the time of such destruction the owner of such mill be an infant, or other-
wise disabled inlaw; in which case the same time shall be allowed after such dis-
ability is removed.

Sec 8. The inquest of the jury aforesaid, or the opinion of the court, shall
not bar any prosecution or action which would otherwise be maintained in law, had
this chapter never been passed, other than for such injuries as were foreseen and
estimated by the jury.

8S0 MILLS AND MILLERS.

Sec. 9. Any person, having obtained leave to erect any clam and mill as afore-
said, who shall neglect to finish the same within the time before prescribed in this
chapter, or having erected such mill, shall fail to keep it in repair and running, for
the accommodation of the public, for the space of one year, at any one time, shall
forfeit all rights acquired by virtue of the provisions of this chapter.

Sec 10. All mills now in operation, or which may hereafter be put in opera-
tion in this State, for grinding wheat, rye, corn or other grain, and which shall
grind for toll, shall be deemed public mills.

Sec 11. The owner or occupier of every public mill within this State, shall
grind the grain brought to his mill as well as the nature and condition of his mill
will permit, and in due turn as the same shall be brought, and may take for the
toll, if a water mill or steam mill, for grinding and bolting wheat or rye, one-eighth
part : for grinding Indian corn, oats, barley and buckwheat, not required to be
bolted, one-seventh part : for grinding malt, and chopping all kinds of grain, one-
eighth part : For an ox or a horse mill, for grinding and bolting wheat or rye into
flour, one-fourth part : for grinding all other grain, one-fourth part, in full of all
compensation : Provided, If the owner of any such grain, ground at an ox or horse
mill, shall furnish team to grind the same, with the consent of the owner or occu-
pier of such mill, the same toll shall be taken, as is allowed for a water or steam
mill, and no more.

Sec 12. It shall be the duty of each and every owner and occupier of every
public mill, to give due and punctual attendance when his mill shall not be out of
repair, and to aid and assist in loading and unloading all grain which shall be
brought to him to be ground. And he shall keep in his mill an accurate half
bushel measure, and an accurate set of toll dishes. And for a failure to perform
any of the duties required by this chapter, every occupier of a public mill shall
forfeit and pay the sum of five dollars, to the use of any person who will sue lor
the same, in any court having cognizance thereof.

Sec 13. Every owner or occupier of a public mill as aforesaid, shall be account-
able for the safe keeping of all grain received in his mill for the purpose of being
ground, with the bags or casks containing the same ; and shall, when required, de-
liver the same or the flour or meal thereof, to the owner or his or her agent or
servant, with the bags or casks in which the same was received : Provided, That
such miller shall not be accountable for any bags or casks, unless the same be dis-
tinctly marked with the initial letters of the owner's name ; nor for the loss of
grain, bags or casks, which happen by unavoidable accident.

Sec 14. If any miller or the occupier of any mill, shall take a greater propor-
tionate quantity of toll than is allowed by this chapter, or shall not sufficiently grind
or grind and bolt, (as the case may be,) agreeably to the capacity of his mill, and
in due time, as the same may have been brought, all grain received into such mill
for the purpose of being ground, or ground and bolted, as directed by the owner,
every miller of a public mill, so offending, shall forfeit and pay the sum of five
dollars to the party injured, to be sued for and recovered as before provided for.

Sec 15. All penalties under the provisions of this chapter may be sued for and
recovered before any justice of the peace of the county where such penalties are
incurred.

Approved : March 3, 1845.

CHAPTER LXXII.

NE EXEAT AND INJUNCTIONS.

Section I Section

1. Writs of ne exeat rcpublha may issue whether 7. On return of writ, how court to proceed to ex-

demand be actually due or not. . amine.

2. Co-obligor or joint debtor may have writ to 8. Ne exeat and injunction, who may grant; writ not

compel payment or securing of proportion due j to issue for less than twenty dollars.

from debtor about to remove; security may . 9. Return of writ, into what court.

also have this writ against principal. i 10. In case of injunction to stay judgment at law,

3. No writ granted without bill or petition tiled, | where proceedings may be had ; subpoena may

and bond given ; suit on bond. issue to any county.

4. Writ to be issued by judge or clerk of circuit ' 11. Effect of injunction ; not to issue without bond;

court, and made returnable thereto. conditions of bond.

5. Writ shall be a summons to eppear and answer 12. Punishment for disobeying injunction.

bill; defendant to give bond not to leave the 13. On riling answer, court may dissolve injunction;

State; temporary absence not a breach. may hear proof; on dissolution of injunction,

6. Security may surrender principal in discharge of complainant may have time to prove answer

his liability. I untrue ; testimony, how taken and read.

Section 1. Writs of ne exeat republica may hereafter be granted, as well in
cases where the debt or demand is not actually due, but exists fairly and bona fide
in expectancy, at the time of making application, as in cases where the demand is
due ; and it shall not be necessary to authorize the granting of such writ of ne exeat
that the applicant should show that his debt or demand is purely of an equitable
character, and only cognizable before a court of equity.

Sec. 2. In case of joint, or joint and several obligors or debtors, if one or more
of them be about to remove without the jurisdictional limits of this State, taking
their property with them, leaving one or more co-obligors or co-debtors bound with
them lor the payment of any sum of money, or for the delivery of any article of
property, or for the conveyance of land at a certain time, which time shall not have
arrived at the time of such intended removal, such co-obligor or co-debtor who re-
mains, shall be entitled on application, to a writ of ne exeat, to compel the co-obligor
or co-debtor who is about to remove, to secure the payment of his part of the sum
to be paid, or of the delivery of the property, or to convey or to join in the convey-
ance of the land. Also, in cases of security, the writ of ne exeat may issue on ap-
plication of a security, against the principal or co-security, when the obligation or
debt shall not be yet due, and the principal or co-security is about removing out of
the State.

Sec 3. No writ of ne exeat shall be granted but upon bill or petition filed, and
affidavit to the truth of the allegations therein contained ; upon the granting of any
such writ, the court or judge granting the same, shall indorse or cause to be indors-
ed on the bill or petition, in what penalty bond and security shall be required of
the defendant; and shall also, before issuing the said writ, take bond of the com-
plainant, with good and sufficient security, in such sum as the said court or judge
shall deem proper, conditioned that the said complainant will prosecute his bill or peti-
tion with elfect ; and that he will reimburse to the defendant, such damages and costs
as he shall wrongfully sustain by occasion of the said writ. If any defendant to such

382 NE EXEAT AND INJUNCTIONS.

writ of ne exeat shall think himself aggrieved, he may bring suit on such bond; and
if, on trial, it shall appear that such writ of ne exeat was prayed for without a just
cause, the person injured shall recover damages, to be assessed as in other cases on
penal bonds.

Sec 4. All writs of ne exeat shall be returnable into the circuit court of the
proper county ; and when granted by a judge in vacation, may be issued under the
hand of the judge; or the judge may direct the clerk of the said circuit court to
issue the said writ, and to take bond of the complainant as is above required.

Sec 5. The writ of ne exeat shall contain a summons for the defendant to ap-
pear in the circuit court and answer to the said petition or bill, and upon the same
being served upon the said defendant, he shall give bond with surety, in the sum
indorsed on such writ, conditioned that he will not depart the State without leave
of the said court, and that he will render himself in execution to answer any judg-
ment or decree which the said court may render against him ; and in default of giving
such security, he may be committed to jail as in other cases, for the want ol bail ;
no temporary departure of the defendant from the State shall be considered as a
breach of the condition of the said bond, if he shall return before personal appear-
ance shall be necessary to answer or perform any judgment, order or decree of the
said court.

Sec 6. The surety in any bond for the defendant as aforesaid, may, at any time
before the said bond shall be forfeited, surrender the said defendant in exoneration
of himself in the same manner that bail may surrender their principal, and obtain
the same discharge.

Sec. 7. On the return of the writ of ne exeat, if the same shall have been duly
served, the court shall proceed therein as in other cases in chancery, if the matters
alleged in said bill be purely of an equitable character, and the time of performance
of the duty or obligation of the defendant has expired; if not, then the proceedings
shall be stayed until it has expired ; but the court may, nevertheless, proceed to de-
termine whether the said writ ought not to be quashed or set aside.

Sec 8. The supreme and circuit courts, in term time, and any judge thereof in
vacation, shall have power to grant writs of ne exeat and injunction. No writ of in-
junction shall be granted to stay proceedings under a judgment obtained before a
justice of the peace, for a sum not exceeding twenty dollars besides the costs.

Sec 9. When an injunction shall be granted by the supreme court, or a
judge thereof, it shall be made returnable into the circuit of the proper county.

Sec 10. When an injunction shall be granted to stay a suit or judgment at law,
the proceedings shall be had in the county where the judgment was obtained, or the
suit is pending ; and the writ of subpoena may be sent in the first instance into any
county within this State where the defendant resides.

Sec 11. No injunction shall be granted to stay any judgment at law, for a great-
er sum than the complainant shall show himself equitably not bound to pay, and so
much as shall be sufficient to cover costs : every injunction when granted, shall op-
erate as a release of all errors in the proceedings at law, that are prayed to be en-
joined. No injunction shall be issued, unless the complainant shall have previously
executed a bond with sufficient surety, to the defendant, approved by the court or
judge granting such injunction, and filed with the clerk, in double the -sum, directed
to be enjoined, conditioned for .the payment of all money and costs due, or to be due
to the plaintiff in the action at law ; and also, all such costs and damages as shall
be awarded against the complainant, in case the injunction shall be dissolved, or

NE EXEAT AND INJUNCTIONS. 383

such bond may be entered into before the clerk of the circuit court of the county
where the writ is required to be issued, the court or judge granting the injunction,
having first approved the security. If the injunction be dissolved in the whole or
in part, the complainant shall pay, exclusive of legal interest and costs, such dam-
ges as the court shall award, not exceeding ten per centum, on such part as may
be released from the injunction; and the clerk shall issue execution for the same,
when he issues execution upon such judgment.

Sec. 12. If any person against whom a writ of injunction shall be issued, shall,
after the service thereof, be guilty of disobedience to and breach of the said injunction,
it shall be lawful for the judge granting the same, or if the same were granted in open
court, then for any judge of that court in vacation, to issue an attachment against
the said person for a contempt. Upon his being brought before the said judge,
unless he shall disprove or purge the said contempt, the said judge may, in his
discretion, commit him to jail until the sitting of the court in which the said injunc-
tion is pending, or take bail for his appearance in the said court at the next term
thereof, to answer. for the said contempt, and to abide the order of the court thereon.

Sec. 13. Upon the filing of an answer, it shall be in order at any time in term,
to move for the dissolution of the injunction ; and upon such motion it shall be
lawful for the parties to introduce testimony to support the bill and answer : the
court shall decide such motion upon the weight of testimony, without being bound
to take the answer as absolutely true. If, after such dissolution is moved for, the
plaintiff in the bill will satisfy the court by his own affidavit, or the affidavit of any
disinterested person, that the answer, or any material part thereof, (to be specifi-
ed in such affidavit,) is untrue, and that he has witnesses whose testimony he be-
lieves he can procure by the next term of the court, who will disprove the said
answer, or such material part thereof as shall be specified as aforesaid, and that he
has had no opportunity to procure such testimony since the coming in of the answer,
it shall be lawful for the court to grant a continuance of the said motion, until the
next term. The testimony to be heard on such motions, aside from the bill and an-
swer, shall be by depositions in writing, taken as in other cases in chancery pro-
ceedings, except the affidavits which may have been filed with the bill or answer,
which may be read on such motion as heretofore ; and the depositions taken to dis-
solve an injunction, may be read on the final hearing of the cause in which they
have been taken.

Approved : March 3, 1845.

CHAPTER LXXIII.

NEGOTIABLE INSTRUMENTS.

Section

1. Ten per cent, damages on foreign bills protest-

ed.

2. Five per cent, damages on inland bills protest-

ed.

3. Construction and effect of note, &c, in writing.

4. Notes, &c, assignable by indorsement.

G. Assignees of notes, &c, may bring suit in Ms
own name or otherwise.

6. Payment by maker to payee after assignment,

not to be alleged as a defence against as-
signees.

7. Assignor, how liable ; due diligence necessary

in collecting from the maker ; proviso, if suit
against maker would be unavailing, need not
be brought in order to make indorser liable.

Section

8. If note, &c, be indorsed over after it is due,

demands against original payee may be set oli.

9. Payments made on note, &c, before due, may

be set off against assignee, if he had notice of

such payment.
Failure of consideration, in whole or in part,

may be pleaded ; right of bona fide assignee

not affected by failure of consideration.
Fraud in procuring note may be pleaded in bar.

12. If note, &c, be for the delivery of property,

how delivery or tender may be made.

13. Legal tender to discharge maker from liability ;

property vested in payee ; what, if property be
perishable.

10.

11.

Section 1. When any foreign bill of exchange, which may be drawn for any
sum of money, expressed that the value has been received, shall be duly presented
for acceptance or payment, and protested for non-acceptance or non-payment, the
drawer or indorser thereof, due notice being given of such non-acceptance or non-
payment, shall pay said bill, with legal interest from the time such bill ought to have
been paid, until paid, and ten per cent, damages, in addition, together with the costs
and charges of protest.

Sec 2. If any bill of exchange drawn upon any person, or body politic or cor-
porate, out of this State, but within the United States or their territories, for the
payment of money, and expressed to be value received, shall be duly presented for
acceptance or payment, and protested for non-acceptance or non-payment, the drawer
or indorser thereof, due notice being given of such non-acceptance or non-payment,
shall pay said bill, with legal interest from the time such bill ought to have been
paid, until paid, and five per cent, damages, in addition, together with costs and
charges of protest.

Sec. 3. All promissory notes, bonds, due-bills and other instruments in writing,
made or to be made, by any person or persons, body politic or corporate, whereby
such person or persons promise or agree to pay any sum of money or articles of per-
sonal property, or any sum of money in personal property, or acknowledge any sum
of money or article of personal property to be due to any other person or persons,
shall be taken to be due and payable ; and the sum of money or article of personal
property therein mentioned, shall, by virtue thereof, be due and payable to the person
or persons to whom the said note, bond, bill or other instrument in writing is made.

Sec 4. Any such note, bond, bill or other instrument in writing, made payable
to any person or persdns, shall be assignable, by indorsement thereon, under the
hand or hands of such person or persons, and of his, her or their assignee or assignees,
in the same manner as bills of exchange are, so as absolutely to transfer and vest
the property thereof, in each and every assignee or assignees successively.

NEGOTIABLE INSTRUMENTS. 385

Sec. 5. Any assignee or assignees, to whom such sum of money or personal
property is, by such indorsement or indorsements, made payable, or in case of the
death of such assignee or assignees, his, her or their executors or administrators.
may, in his, her or their own name or names, institute and maintain the same kind
of action for the recovery thereof, against the person or persons who made and exe-
cuted any such note, bond, bill or other instrument in writing, or against his, her
or their heirs, executors or administrators, as might have been maintained against
him, her or them, by the obligee or payee, in case the same had not been assigned :
and in every such action, in which judgment shall be given for the plaintiff or plain-
tiffs, he, she or they shall recover his, her or their damages and costs of suit, as in
other cases.

Sec. 6. No maker of any such note, bond, bill or other instrument in writing.
or other person liable thereon, shall be allowed to allege payment to the payee, made
after notice of such assignment, as a defence against such assignee or assignees.

Sec. 7. Every assignor or assignors, or his, her or their heirs, executors or ad-
ministrators, of every such note, bond, bill or other instrument in writing, shall be
liable to the action of the assignee or assignees thereof, or his, her or their executors
or administrators, if such assignee or assignees shall have used due diligence, by the
institution and prosecution of a suit against the maker or makers of such assigned note,
bond, bill or other instrument of writing:, or against his, her or their heirs, executors
or administrators, for the recovery of the money or property due thereon, or dama-
ges in lieu thereof: Provided, That if the institution of such suit would have been
unavailing, or that the maker or makers had absconded, or left the State, when such
assigned note, bond, bill or other instrument in writing became due, such assignee
or assignees, or his or her executors or administrators, may recover against the
assignor or assignors, or against his or their heirs, executors or administrators, as if
due diligence by suit had been used.

Sec. 8. If any such note, bond, bill or other instrument in writing, shall be in-
dorsed after the day on which the money or property therein mentioned, becomes
due and payable, and the indorsee shall institute an action thereon against the maker
and signer of the same, the defendant being maker and signer, shall be allowed to
set up the same defence that he might have done, had the said action been instituted
in the name and for the use of the person or persons to whom the said note, bond,
bill or other instrument in writing was originally made due and payable.

Sec. 9. If any such note, bond, bill or other instrument of writing shall be
indorsed before the day the money or property therein mentioned, becomes due and
payable, and the indorsee shall institute an action thereon, the defendant may give
in evidence at the trial, any money or property actually paid on the said note, bond,
bill or other instrument in writing, before the said note, bond, bill or other instru-
ment in writing was indarsed or assigned to the plaintiff, on proving that the plain-
tiff had sufficient notice of the said payment, before he or she accepted or received
such indorsement.

Sec 10. In any action commenced, or which may hereafter be commenced, in
any court of law in this State, upon any note, bond, bill or other instrument in wri-
ting, for the payment of money or property, or the performance of covenants or
conditions by the obligee or payee thereof, if such note, bond, bill or instrument in
writing was made or entered into without a good or valuable consideration; or, if
the consideration upon which such note, bond, bill or instrument in writing was
made or entered into, has wholly or in part failed, it shall be lawful for the defen-

25

386 NEGOTIABLE INSTRUMENTS.

dant or defendants against whom such action shall have been commenced by such
obligee or payee, to plead such want of consideration, or that the consideration has
wholly or in part failed ; and if it shall appear that any such note, bond, bill or in-
strument of writing was made or entered into without a good or valuable considera-
tion, or that the consideration has wholly failed, the verdict shall be for the defen-
dant ; and if it shall appear that the consideration has failed in part, the plaintiff
shall recover according to the equity of the case: Provided, That nothing in this
section contained, shall be construed to affect or impair the right of any bona fide
assignee or assignees, of any instrument made assignable by this chapter, when such
assignment was made before such instrument became due.

Sec 11. If any fraud or circumvention be used, in obtaining the making or exe-
cuting of any of the instruments aforesaid, such fraud or circumvention may be
pleaded in bar to any action to be brought on any such instrument so obtained,
whether such action be brought by the party committing such fraud or circumven-
tion, or any assignee or assignees of such instrument.

Sec. 12. In all cases when any of the before mentioned instruments of writing
are for the payment or delivery of personal property, other than money, and no par-
ticular place be specified in such instruments of writing, for the payment or deli-
very thereof, it shall be lawful for the maker of any such instrument of writing, to
tender or cause to be tendered, on the day mentioned in any such instrument, the
personal property therein mentioned, at the place where the obligee or payee of any
such instrument resided at the time of the execution thereof: Provided, however,
If such personal property be too ponderous to be easily moved, or if the obligee or
payee of such instrument, had not at the time of the execution of such instrument
of writing, a known place of residence in the county where the maker or makers
resided, then it shall be lawful to tender such personal property at the place where
the maker or makers of such instrument resided at the time of the execution thereof.
Any tender made in pursuance of this section, shall be equally valid and legal, in
case any such instrument of writing shall have been assigned in pursuance of the
first section of this chapter, as if no such assignment had been made.

Sec. 13. A legal tender of any such personal property, shall discharge the ma-
ker of any such instrument from all liability thereon ; and the property thus ten-
dered, is hereby declared to be vested in and belong to the legal holder and owner
of any such instrument of writing, and he may maintain an action for the recovery
thereof, or for damages, if the possession be subsequently illegally withheld from
him: Provided, however, If any such property so tendered, shall be of a perishable
nature, or shall require feeding or other sustentation, and the person owning and
holdino- such instrument of writing, be absent at the time of tendering the same, it
shall be lawful for every person making such tender, to preserve, feed and otherwise
take care of the same ; and he shall have a lien on such tendered property, for his
reasonable trouble, and the expense of feeding or sustaining such property, until
payment be made for such trouble and expense.

Approved : March 3, 1845.

CHAPTER LXXIV.

NEGROES, MULATTOES, &c.

Section

1. On what condition negroes, mulattoes, &c, may

reside in this State ; bond to be given ; certifi-
cate to be given by clerk.

2. Penalty for harboring negro not having certifi-

cate.

3. Negroes, on procuring certificate, to register

their families; jurisdiction of overseers of
the poor, leserved.

4. Free negroes to register certificate of freedom.

5. Negro not having certificate, how dealt with.

6. Suits for freedom, when to be dismissed.

7. Servant fulfilling time, to have free papers re-

corded ; copy thereof, evidence of freedom.

8. Penalty for bringing slaves into this State for the

purpose of liberating them.

9. Servant, &c, more than ten miles from home,

may be apprehended.
Slave intruding upon plantation, how punished.

10.

1U Unlawful assemblies of servants, punishable.

Section

12. Penally for permitting revelling, etc., of slaves.

13. Duty of sundry officers to arrest disorderly per-

sons.

14. Whipping, when substituted for fine.

15. Penalty for trafficking with slaves.

16. Disorderly conduct, how punished.

17. Contracts between masters and servants, void.

18. Contract for service, how assignable.

19. Negroes, mulattoes and Indians, not to own

white servants.

20. Servants to be fed and clothed by masters.

21. If servants acquire property, they may hold the

same to their own use ; masters to support
servants, if sick or lame ; master putting
away slave when sick, to pay his expenses.

22. Circuit court shall receive complaints of seiv-

ants, and of masters, and try same.

23. Persons of different colors, unlawfully cohabit-

ing together, how punishable.

Section 1. No black or mulatto person, shall be permitted to reside in this
State, until such person shall produce to the county commissioners' court where he
or she is desirous of settling, a certificate of his or her freedom ; which certificate
shall be duly authenticated in the same manner that is required to be done, in cases
arising under the acts and judicial proceedings of other States. And until such
person shall have given bond, with sufficient security, to the people of this State,
for the use of the proper county, in the penal sum of one thousand dollars, condi-
tioned that such person will not, at any time, become a charge to said county, or
any other county of this State, as a poor person, and that such person shall, at all
times, demean himself or herself, in strict conformity with the laws of this State,
that now are or hereafter may be enacted ; the solvency of said security shall be
approved by said clerk. The clerk shall file said bond, and if said bond shall in
any condition thereof be broken, the whole penalty shall become forfeited, and the
clerk, on being informed thereof, shall cause the said bond to be prosecuted to
effect. And it shall be the duty of such clerk to make an entry of the certificate
so produced and indorse a certificate on the original certificate, stating the time the
said bond was approved and filed ; and the name and description of the person
producing the same ; after which it shall be lawful for such free negro or mulatto
to reside in this State.

Sec. 2. If any person shall harbor such negro or mulatto as aforesaid, not hav-
ing such certificate, and given bond, and taken a certificate thereof, or shall hire, or
in anywise give sustenance to such negro or mulatto, not having such certificate
of freedom, and of having given bond, shall be fined in the sum of five hundred
dollars, one-half thereof to the use of the county, and the other half to the party
giving information thereof: Provided, This section shall not affect any negro or mu-
latto who is now a resident of this State.

388 NEGROES AND MULATTOES.

Sec 3. It shall be the duty of all free negroes and mulattoes who shall come
to reside in this State, having a family of his or her own, and having a certificate as
mentioned in the first section of this chapter, to give to the clerk of the county com-
missioners' court, at the time of making an entry of his certificate, a description,
with the name and ages of his, her, or their family, which shall be stated by the
clerk in the entry made by him of such certificate ; and the clerk shall also state the
same on the original certificate : Provided, however, That nothing contained in this
or the preceding section of this chapter, shall be construed to prevent the over-
seers of the poor in any township from causing any such free negro or mulatto
to be removed, who shall come into this State contrary to the provisions of the laws
concerning the poor.

Sec. 4. Every black or mulatto person (slaves and persons held to service ex-
cepted) residing in this State, shall enter his or her name, (unless they have here-
tofore entered the same,) together with the name or names of his or her family,
with the clerk of the county commissioners' court of the county in which they re-
side, together with the evidence of his or her freedom ; which shall be entered on
record by the said clerk, together with a description of all such persons ; and there-
after the clerk's certificate of such record shall be sufficient evidence of his or her
freedom : Provided, That nothing in this chapter contained, shall be construed to
bar the lawful claim of any person or persons to any such negro or mulatto.

Sec. 5. Every black or mulatto person who shall be found in this State, and
not having such a certificate as is required by this chapter, shall be deemed a run-
away slave or servant, and it shall be lawful for any inhabitant of this State, to take
such black or mulatto person before some justice of the peace, and should such
black or mulatto person not produce such certificate as aforesaid, it shall be the duty
of such justice to cause such black or mulatto person to be committed to the custo-
dy of the sheriff of the county, who shall keep such black or mulatto person, and
in three days after receiving him, shall advertise him, at the court house door, and
shall transmit a notice, and cause the same to be advertised for six weeks in some
public newspaper printed nearest to the place of apprehending such black person
or mulatto, stating a description of the most remarkable features of the supposed
runaway, and if such person so committed shall not produce a certificate or other
evidence of his freedom, within the time aforesaid, it shall be the duty of the sheriff to
hire him out for the best price he can get, after having given five days previous
notice thereof, from month to month, for the space of one year; and if no owner
shall appear and substantiate his claim before the expiration of the year, the sheriff
shall give a certificate to such black or mulatto person, who, on producing the same
to the next circuit court of the county, may obtain a certificate from the court, sta-
ting the facts, and the person shall be deemed a free person, unless he shall be law-
fully claimed by his proper owner or owners thereafter. And as a reward to the
taker up of such negro, there shall be paid by the owner, if any, before he shall
receive him from the sheriff, ten dollars, and the owner shall pay to the sheriff for
the justice, two dollars, and reasonable costs for taking such runaway, to the sheriff,
and also pay the sheriff all fees for keeping such' runaway, as other prisoners :
Provided, however, That the proper owner, if any there be, shall be entitled to the
hire of any such runaway from the sheriff, after deducting the expenses of the
same : Jlnd, provided also, That the taker up shall have a right to claim any re-
ward which the owner shall have offered for the apprehension of such runaway :

NEGROES AND MULATTOES. 389

Should any taker up claim any such offered reward, he shall not be entitled to the
allowance made by this section.

Sec. 6. If any negro or mulatto, being the property of a citizen of the United
States, residing without this State, shall hereafter come into this State for the pur-
pose of hiring himself or herself, to labor in this State, and shall afterwards insti-
tute, or procure to be instituted, any suitor proceedings, for the purpose of procu-
ring his or her freedom, it shall be the duty of the court before which such suit or
proceeding shall be instituted and pending, upon being satisfied that such negro or
mulatto had come into this State for the purpose aforesaid, to dismiss such suit or
proceeding, and cause the same to be certified to the sheriff of the county, who shall
immediately take possession of such negro or mulatto, whose duty shall be to con-
fine such negro or mulatto in the jail of his county, and notify the owner of such
slave of the commitment aforesaid, and that said owner make immediate application
for said slave ; and it shall be the duty of the sheriff, on such application being made,
after all reasonable costs and charges being paid, to deliver to said owner such negro
or mulatto slave.

Sec 7. Every servant, upon the expiration of his or her time, and proof
thereof made before the circuit court of the county where he or she last served,
shall have his or her freedom recorded, and a certificate thereof, under the hand of
the clerk, which shall be sufficient to indemnify any person i'or entertaining or
hiring such servant ; and if such certificate should happen to be torn or lost, the
clerk, upon request, shall issue another, reciting therein the loss of the former.

Sec 8. Any person who shall hereafter bring into this State any black or mu-
latto person, in order to free him or her from slavery, or shall directly or indirectly
bring into this State, or aid or assist any person in bringing any such black and
mulatto person to settle or reside therein, shall be fined one hundred dollars, on
conviction on indictment, or before any justice of the peace in the county where
such offence shall be committed.

Sec 9. If any slave or servant shall be found at a distance of ten miles from
the tenement of his or her master, or the person with whom he or she lives, with-
out a pass, or some letter or token, whereby it may appear that he or she is procee-
ding by authority from his or her master, employer or overseer, it shall and may
be lawful for any person to apprehend and carry him or her before a justice of
the peace, to be by his order punished with stripes, not exeeeding thirty-live at
his discretion.

Sec 10. If any slave or servant shall presume to come and be upon the plan-
tation, or at the dwelling of any person whatsoever, without leave from his or her
owner, not being sent upon lawful business, it shall be lawful for the owner of
such plantation, or dwelling house, to give or order such slave or servant ten
lashes on his or her bare back.

Sec 11. Riots, routs, unlawful assemblies, trespasses and seditious speeches,
by any slave or slaves, servant or servants, shall be punished with stripes, at the
discretion of a justice of the peace, not exceeding thirty-nine , and he who will, may
apprehend and carry him, her or them before such justice.

Sec 12. If any person or persons shall permit or suffer any slave or slaves.
servant or servants of color, to the number of three or more, to assemble in his,
her or their out-house, yard or shed, for the purpose of dancing or revelling, either
by night or by day, the person or persons so offending shall forfeit and pay the sum
of twenty dollars with costs, to any person or persons who will sue for and recover

390 NEGROES AND MULATTOES.

the same by action of debt or by indictment, in any court of record, proper to try
the same.

Sec. 13. It shall be the duty of all coroners, sheriffs, judges and justices of
the peace, who shall see or know of, or be informed of any such assemblage of
slaves or servants, immediately to commit such slaves or servants to the jail of the
county, and on view or proof thereof, order each and every such slave or servant
to be whipped, not exceeding thirty-nine stripes, on his or her bare back, on the
day next succeeding such assemblage, unless it shall happen on a Sunday, then on
the Monday following; which said stripes shall be inflicted by any constable of the
township, if there should be one therein, or otherwise, by any person or persons
whom the said justices shall appoint, and who shall be willing so to inflict the same :
Provided, however, That the provisions hereof shall not apply to any persons of
color who may assemble for the purpose of amusement, by permission of their mas-
ters, first had in writing, on condition that no disorderly conduct is made use of by
them in such assemblage.

Sec. 14. In all cases of penal laws, where free persons are punishable by fine,
servants shall be punished by whipping, after the rate of twenty lashes for every
'eight dollars, so that no servant shall receive more than forty lashes at any one time
unless such offender can procure some person to pay the fine.

Sec 15. No person shall buy, sell, or receive of, to or from any servant or
slave, any coin or commodity, without leave or consent of the master or owner of
such slave or servant, and any person so offending shall forfeit and pay to the mas-
ter or owner of such slave or servant four times the value of the thing so bought,
sold or received, to be recovered with costs of suit, before any court having cogni-
zance of the same.

Sec 16. Any such servant being lazy, disorderly, guilty of misbehavior to his
master or master's family, shall be corrected by stripes, on order from a justice of
the county wherein he resides ; or refusing to work, shall be compelled thereto in
like manner, and moreover shall serve two days for every one he shall have so re-
fused to serve, or shall otherwise have lost, without sufficient justification. All
necessary expenses incurred by any master for apprehending and bringing home
any absconding servant, shall be repaid by further services, after such rates as the
circuit court of the county shall direct, unless such servant shall give security, to
be approved by the court, for the payment in money within six months after he
shall be free from service, and shall accordingly pay the same.

Sec 17. All contracts between masters and servants, during the time of ser-
vice, shall be void.

Sec 18. The benefit of any contract of service shall be assignable by the mas-
ter to any person being a citizen of this State, to whom the servant shall, in the
presence of a justice of the peace, freely consent that it shall be assigned, the said
justice attesting such free consent in writing ; and shall also pass to the executors,
administrators and legatees of the master.

Sec 19. No negro, mulatto or Indian, shall at any time purchase any servant.,
other than of his own complexion ; and if any of the persons aforesaid shall nev-
ertheless, presume to purchase a white servant, such servant shall immediately be-
come free, and shall be so held, deemed and taken.

Sec 20. Servants shall be provided by the master with wholesome and suffi-
cient food, clothing and lodging, and at the end of their service, if they shall not
have contracted for any reward, food, clothing and lodging, shall receive from him

NOTARIES PUBLIC.

391

one new and complete suit of clothing, suited to the season of the year, to-wit : a
coat, waistcoat, pair of hreeches and shoes, two pair of stockings, two shirts, a hat
and blanket.

Sec. 21. If any servants shall at any time bring in goods or money during the
time of their service, shall by gift or other lawful means, acquire goods or money,
they shall have the property and benefit thereof to their own use ; and if any ser-
vant shall be sick or lame, and so become useless or chargeable, his or her master
or owner shall maintain such servant until his or her time of service shall be ex-
pired ; and if any master or owner shall put away any lame or sick servant, under
pretence of freedom, and such servant becomes chargeable to the county, such
master or owner shall forfeit and pay thirty dollars to the overseers of the poor of
the county wherein such offence shall be committed, to the use of the poor of the
county, recoverable with costs, by action of debt, in any circuit court ; and more-
over, shall be liable to the action of the said overseers of the poor at the common
law for damages.

Sec 22. The circuit court of every county shall, at all times, receive the com-
plaints of servants, being citizens of any of the United States of America, who reside
within the jurisdiction of such court, against their masters or mistresses, alleging
undeserved or immoderate correction, insufficient allowances of food, raiment or
lodging or any failure in the duties of such master or mistress as prescribed in this
chapter, and the said circuit court shall hear and determine complaints of masters
and mistresses against their servants, for desertion without good cause, and may
oblige the latter, for loss thereby occasioned, to make restitution by further services
after the expiration of the time for which they had been bound.

Sec 23. Any black, colored or mulatto man and white woman, and any white
man and black, colored or mulatto woman, who shall live together in an open state
of adultery or fornication, or adultery and fornication, shall be indicted, and on
conviction, severally fined, in any sum not exceeding five hundred dollars, and
confined in the penitentiary for a term not exceeding one year. For the second
offence, the punishment shall be double; for the third, trebled, and in the same ratio
for each succeeding offence.

Approved: March 3, 1845.

CHAPTER LXXV.

NOTARIES PUBLIC,

Section

1. Governor to appoint notaries public; when ad-

ditional notaries may be appointed.

2. Vacancies, how rilled.

3. Notary to surrender papers, &c3 to successor;

how punished for refusal.

4. Duty of, as to protests ; notice to indorsers, &c.

Section

5. To keep record of business done , such record

to be competent evidence.

6. Manner of serving notices; when in person ;

when by mail.

7. Notary to give bond to Governor ; suit may be

had on bond for use of party injured.

Section 1. The Governor of the State, by and with the advice and consent of
the senate, shall appoint and commission one notary public in each county in the

392 NOTARIES PUBLIC.

State. And whenever fifty legal voters of any city, town, village or township in
this State, shall, by petition to the Governor, request the appointment of a notary
public in such city, town, village or township, the Governor shall, by and with the
advice and consent of the senate, appoint a notary public conformably to such peti-
tion; but no more than five shall be appointed in any one city, town, village or town-
ship, and not more than one shall be appointed on the same petition, and such peti-
tion shall be signed by different voters. An additional notary public may also be
appointed in any county, whenever it shall be petitioned for as above provided ;
but not more than one notary public shall be appointed in the same precinct of any
county except in the case of cities, &c, and the said notaries public, when so ap-
pointed, shall hold their offices for four years, and until their successors are ap-
pointed and qualified.

Sec. 2. If a vacancy shall occur in the office of notary public during the recess
of the senate, the Governor shall fill such vacancy by appointment.

Sec 3. Whenever the successor of any notary public shall be appointed and
qualified, it shall be the duty of said notary public, to surrender to such successor,
all books, papers, vouchers and other documents belonging to his office. Any nota-
ry public who shall neglect or refuse to surrender all the books, papers and vouch-
ers, for ten days after the same shall have been demanded by his successor, may be
indicted, and on conviction, shall be fined, in a sum not exceeding one thousand dol-
lars, and stand committed until paid.

Sec 4. It shall be the duty of each and every notary public in this State, when-
ever any bill of exchange, promissory note or other written instrument, shall be by
him protested for non-acceptance or non-payment, to give notice in writing thereof
to the maker, and to each and every indorser of any bill of exchange, and to the
maker or makers of, and each and every security or indorser of any promissory
note or other written instrument, on the same day the said protest is made, or
within forty-eight hours from the time of such protest.

Sec 5. It shall be the duty of each and every notary public, to keep a correct
record of all such notices, and of the time and manner in which the same shall have
been served, and of the names of all the parties to whom the same were directed,
and the description and amount of the instrument protested; which record shall, at
all times be competent evidence to prove such notice, in any trial, before any court
of this State, where proof of such notice may become requisite.

Sec 6. It shall be the duty of each and every notary public, personally to serve
ihe notice upon the person or persons protested against, provided he or they reside
in the town where such protest was made, or within one mile thereof; but if such
person or persons reside more than one mile from such town, then the said notice
may be forwarded by mail or other safe conveyance.

Sec 7. It shall be the duty of the Governor to take bond, with sufficient secu-
rity, from each notary public, before he enters on the duties of his office, in the
sum of five hundred dollars, conditioned for the due and faithful performance of the
duties of his office, which bond shall be filed in the office of the secretary of State;
and if forfeited, suit may be instituted thereon, for the use of the party injured by
such forfeiture.

Approved : March 3, 1845.

CHAPTER LXXVI.

OATHS AND AFFIRMATIONS.

Section

1 . Form and manner of swearing.

2. Persons having conscientious scruples, to be af-

firmed; false affirmation considered perjury.

3. Who may administer oaths, and on what occa-

sions.

Section

4. Chairman of committee of either house of the

General Assembly, may administer oaths.

5. False swearing under the provisions of this

chapter, considered and punished as perjury.

Section 1. Whenever any person shall be required to take an oath before he
enters upon the discharge of any office, place or business, or on any other lawful
occasion, and such person shall declare that he or she has conscientious scruples
about the present mode of administering oaths, by laying the hand on and kissing
the gospels, it shall be lawful for any person empowered to administer the oath, to
administer it in the following form, to-wit: the person swearing shall, with his or
her hand uplifted, swear by the ever living God; and shall not be compelled to lay
the hand on or kiss the gospels. And oaths so administered, shall be equally effec-
tual, and subject such persons to the like pains and penalties for wilful and corrupt
perjury, as oaths administered in the usual form.

Sec. 2. Whenever any person required to take or subscribe an oath as afore-
said, and in all cases where an oath is upon any lawful occasion to be administered,
and such person shall have conscientious scruples against taking an oath, he or she
shall be admitted instead of taking an oath, to make his or her solemn affirmation or
declaration in the following form, to-wit : " You do solemnly, sincerely, and truly de-
clare and affirm ;" which solemn affirmation or declaration shall be equally valid as
if such person had taken an oath in the usual form : and every person guilty of
falsely and corruptly declaring as aforesaid, shall incur and suffer the like pains
and penalties as are, or shall be inflicted, on persons convicted of wilful and cor-
rupt perjury.

Sec 3. All courts now established, or hereafter to be established, and each
judge, justice and clerk thereof, and all justices of the peace and notaries public
shall, respectively, have power to administer oaths and affirmations to witnesses and
others, concerning any thing depending, or proceeding commenced, or to be com-
menced before them, respectively ; and the said courts, the judges, justices, notaries
public and clerks thereof, within their respective districts, circuits or counties, and
the justices of the peace within their counties, shall respectively have power to ad-
minister all oaths of office, and other oaths required to be taken by any person be-
fore entering upon the discharge of the duties of any office, appointment, place or
business, or any other lawful occasion, and to take affidavits and depositions con-
cerning any matter or thing, process or proceeding, depending or to be commenced
in any court, or before any justice of the peace, or on any occasion wherein such
affidavits or depositions are authorized or required by law to be taken.

394

OFFICERS.

Sec. 4. The chairman, or any member of any committee appointed by either
branch of the General Assembly of the State of Illinois, or any member of any joint
committee appointed by the two houses of the General Assembly aforesaid, shall
be authorized, under the direction of such committee, to administer oaths and affir-
mations to witnesses called before such committee, for the purpose of giving evi-
dence touching any matter or thing which may be under the consideration or inves-
tigation of the committee ; and oaths and affirmations, administered as aforesaid,
shall be deemed and considered as having been administered lawfully.

Sec. 5. All oaths, affirmations, affidavits and depositions administered or taken
as provided in this chapter, shall subject any person who shall so swear or affirm,
wilfully and falsely, in matter material to any issue or point in question, to the like
pains and penalties inflicted by law, for the time being, on persons convicted of
wilful and corrupt perjury.

Approved : March 3, 1845.

CHAPTER LXXVJX

OFFICERS.

Section

1 . What officers to reside at the seat of govern-

ment.

2. Auditor to sue and defend in behalf of State ;

duty of attorney general.

3. Appeals allowed ; auditor not personally bound.

4. When judgment is had against the State, how

satisfied.

Section

6. Duty of certain officers to report defects in
laws, and suggest amendments thereto.

6. Clerks of courts may appoint deputies.

7. Principal clerk, when able, to perform duties.

8. Clerk to reside at county seat.

9. If officer remove from county, his office to be

vacated.

Section 1. The Governor, the secretary of State, the auditor, the treasurer,
the clerk of the supreme court, and the attorney general shall keep their residence
at the seat of government.

Sec. 2. It shall be lawful for the auditor of public accounts of the State of Illi-
nois, to sue for any demand which the people of the State may have a right to claim,
and to be sued and to sue, to plead and to be impleaded, to answer and to be an-
swered, to defend and to be defended, in any court of record or other place, where
justice shall be judicially administered, in the name of the auditor of public ac-
counts, for the people of the State of Illinois : Provided, That the auditor shall not
be liable to be sued in any other county than that in which the seat of government
is situated. And the attorney general of this State shall prosecute and defend all
suits brought by, or against the auditor of public accounts, as is prescribed by law.

Sec. 3. From all judgments so rendered, appeals may be taken to the supreme
court ; and it shall be the duty of the auditor to take such appeal, if in his opinion
justice has not been done in the court where such judgment has been rendered ; nor
shall any judgment against the auditor, in his representative capacity, bind him per-
sonally, or be conclusive upon the State, until the same shall be examined by the

OFFICERS. , 395

General Assembly. In cases of appeals by the auditor, he shall not be required to
give bond or security, as in other cases.

Sec. 4. When judgment shall be rendered against the auditor of public accounts
for the State of Illinois, it shall be his duty to forward a copy of such judgment
and proceedings thereon, to the next General Assembly, and if approved by the
same, an appropriation shall be made to satisfy the same, or such part thereof as
the said General Assembly may deem just.

Sec. 5. It shall be the duty of each of the justices of the supreme court, the
attorney general, the clerk of the supreme court, each of the prosecuting attorneys
in the several circuit courts, the secretary of State, the auditor of public accounts,
the treasurer of the State, the major, brigadier and adjutant generals, and each of
them to make a report of all apparent defects, inconsistencies, omissions, unequal or
oppressive laws, which each shall have discovered, to the speaker of the house of
representatives, at the commencement of each and every session of the General
Assembly, for the purpose of enabling it to make such amendments as will tend to
perfect our code.

Sec. G. The clerk of the supreme court, the several clerks of the circuit and
county commissioners' courts may appoint deputies, who shall severally take an
oath for the faithful discharge of the duties of their offices, and for whose conduct
the principal clerk shall, in all cases, be responsible.

Sec 7. The principal clerk shall, in all cases, attend in person to the duties of
his office, when it is practicable, or when the duties of the office are not greater
than can be performed by one person.

Sec. 8. Whenever any clerk as aforesaid, shall reside at such a distance from
the seat of justice of his county, that he can not give his daily attendance to the du-
ties of his office, and shall not, within six months from his election or appointment,
remove to the county seat, or within such a distance that he can and will give his
daily attendance to the duties of his office, the office shall be taken and deemed va-
cant; and the presiding judge of the circuit court, and the county commissioners'
court, at their first session, after being informed of the fact, shall proceed to fill
such vacancy.

Sec 9. If any officer of a county shall remove from, and permanently reside
out of the same, his office shall be deemed vacant, and such vacancy shall be filled
as in other cases.

Apfroved : March 3, 1845.

CHAPTER LXXVIII.

OFFICIAL BONDS.

Section

1. Judge of circuit court to examine official bonds

of sheriff's, &c, at each term of court ; may
require additional security.

2. County commissioners' courts to examine bonds

of certain officers ; may require additional se-
curity.

3. Probate justice to examine, periodically, the

bonds of executors, &c; may require new
bond.

4. Person interested in official bond, may try suffi-

ciency thereof.

5. Circuit courts to make record of examination of

bonds.

6. If officer fail to give additional security when

required, to be superceded.

7. Securities, how may be released from liability on

official bond.

Section

8. Other security to be substituted in such case.

9. Time in which to file additional bond.

1 0. If bond not filed, office vacant.

1 1 . When securities on old bond discharged ; when

those on new bond to become liable.

12. Embezzlement, how punished.

13. Officer failing to file new bond to deliver his

papers, &c, to his securities.

14. Penalty for refusal, or for acting officially before

giving new bond.

15. Securities on old bond, not released by the giv-

ing of new.

16. Principal and securities in bond may be sued

jointly or severally.

17. Property of sureties not to be taken in execu-

tion until that of principal be exhausted.

Section 1. It shall be the duty of the presiding judge of the circuit court of
each county in this State, at every term of said circuit court, on the first day of the
term, in open court, to examine and inquire into the sufficiency of the official bonds
of the sheriff, coroner and clerk of the circuit court ; and if it shall appear that any
one or more of the securities on the official bond of any such sheriff, coroner or
clerk of the circuit court, has or have removed from the county, died or become
insolvent, an order shall be entered of record, requiring such sheriff, coroner or
clerk of the circuit court, to file in the office of the clerk of the circuit court a new
bond to be approved and recorded as is now required by law, unless the number
and pecuniary abilities of other securities on the bond shall be such as to satisfy the
judge that the bond is sufficient, notwithstanding one or more of the securities may
have removed, died or become insolvent, or of doubtful solvency, in which case the
bond in question may, in the discretion of said judge, be held to be sufficient.

Sec 2. It shall be the duty of the county commissioners' court at the regular
June and December terms of said court, in each year, on the first day of the term,
in open court, to examine and inquire into the sufficiency of the official bond of each
probate justice of the peace, justice of the peace, constable, collector, county treas-
urer, recorder, and clerk of the county commissioners' court, and if it shall appear
that any one or more of the securities on the official bond of any such probate jus-
tice of the peace, justice of the peace, constable, collector, county treasurer, recor-
der, or clerk of the county commissioners' court, has or have removed from the
county, died or become insolvent, or of doubtful solvency, the said court shall cause
such probate justice of the peace, constable, collector, county treasurer, recorder,
or clerk of the county commissioners' court to be summoned to appear before said
court on a day fixed therein, to show cause why he should not be required to give
a new bond with security ; and if at the appointed time he should fail to satisfy the
court as to the sufficiency of the present security, an order shall be entered of rec-

OFFICIAL BONDS. 397

♦
ord, requiring such probate justice of the peace, justice of the peace, constable, col-
lector, county treasurer, recorder^, and clerk of the county commissioners' court, to
file in the office of the clerk of the county commissioners' court, within thirty days,
a new bond, to be approved as is now required by law, unless the number and
pecuniary ability of other securities on the bond shall be such as to satisfy the court
that the bond is sufficient, notwithstanding one or more of the securities on said
bond may be removed, dead or insolvent, or of doubtful solvency ; in which case
the bond in question may, in the discretion of the court, be held to be sufficient.

Sec. 3. It shall be the duty of each probate justice of the peace, at two terms
in each year, to be holden on the first Mondays in January and July, on the lirst
day of the term, in open court, to examine and inquire into the sufficiency of the
official bond of each executor, administrator, guardian, and of any other official bond
that may be filed in his office ; and if it shall appear that any one or more of the
securities on the official bond of any such executor, administrator, guardian or oth-
er officer, has or have removed from the county, died or become insolvent, or of
doubtful solvency, the said probate justice shall cause such executor, administra-
tor, guardian or other officer, to be summoned to appear before him on a day to be
named in said summons, to show cause why he should not be required to give a
new bond with security; and if at the appointed time he should fail to satisfy such
probate justice of the sufficiency of the present security, an order shall be made on
the records of the probate justice of the peace, requiring such executor, administra-
tor, guardian or other officer, to file in the office of the probate justice, a new bond,
to be approved as is now required by law, unless the number and pecuniary ability
of other securities on the bond shall be such as to satisfy the court that the bond is
sufficient, notwithstanding one or more of the securities on said bond may be re-
moved, dead or insolvent, in which case the bond in question may, in the discretion
of the court, be held to be sufficient.

Sec. 4. Any person having any pecuniary interest in the sufficiency of the
official bond of any of the officers hereinbefore named, may appear at the prescribed
time and place, and shall be allowed to introduce any evidence legally conducing to
prove the removal, death or insolvency, or doubtful solvency of any security on such
official bond, and the officer interested or any of his securities, may also appear and
introduce any evidence legally conducing to establish the sufficiency of such official
bond.

Sec. 5. It shall be the duty of the respective courts above named, to enter upon
their respective records, at the times hereinbefore prescribed for an examination,
that an examination and inquiry into the sufficiency of the official bonds, within
their cognizance has been made, and that they severally are deemed sufficient or in-
sufficient, as the facts may justify.

Sec. 6. If any officer hereinbefore enumerated, shall fail to file a new bond
within the prescribed time, when an order of the appropriate court entered of record
shall require the filing of such new bond, the officer in default shall be deemed and held
to have vacated his office, and the same steps shall be taken to fill such vacancy thus
created as are now taken to fill a vacancy by the death or resignation of such officer.

Sec 7. Any person who now is, or who hereafter may become the security of
any sheriff, coroner or clerk of the county commissioners' court, shall have the pow-
er of releasing himself from such securityship, by filing with the clerk of the cir-
cuit court, a notice that he is unwilling longer to be security for said sheriff, coro-
ner or clerk of county commissioners' court ; and any person who now is, or here-

398 OFFICIAL BONDS.

after may become security for any justice of the peace, probate justice of the peace,
constable, school commissioner or collector of State and county revenue, clerk of
the circuit court, may in like manner become released, by filing with the clerk of
the county commissioners' court, a like notice.

Sec. 8. When any notice shall be filed as aforesaid with the clerk of the cir-
cuit court, he shall immediately give notice thereof to the sheriff, coroner or clerk
of the county commissioners' court, as the case may be, who shall thereupon file
other security, to be approved by the circuit court, if the same shall then be in ses-
sion, or if a session thereof be commenced, within ten days after said notice shall
have been given, but if said court be not in session, nor a session thereof be com-
menced within ten days, then the said sherilf or coroner shall, within ten days file
said bond with the clerk of said court, which clerk shall, in that case, judge of the
sufficiency of said bond, subject, however, to the decision of the judge of the cir-
cuit court as in other cases.

Sec 9. When any notice shall be filed with the clerk of the county commis-
sioners' court as aforesaid, he shall, ie like manner, give notice to the justice, pro-
batejustice, constable, school commissioner or collector of State and county reve-
nue, as the case may be, who shall, within ten days thereafter, file another bond, to
be approved by said clerk.

Sec 10. If said sheriff, coroner, justice, probate justice, constable, school com-
missioner or collector of State and county revenue, as the case may be, shall not, in
the time and manner aforesaid, file bond, to be approved as aforesaid, the said office
shall become vacant, and the said vacancy shall be filled as required by law.

Sec 11. If a new bond shall be given by any officer, as provided in the fore-
going sections of this chapter, then the former securities shall be entirely released
and discharged from all liabilities incurred by any such officer in consequence of
business which may have come to hand from and after the time of the approval of
the said new bond, and the sureties to the new bond are hereby declared to be lia-
ble for all the official delinquencies of said officer, whether of omission or com-
mission, which may occur after the approval of the new bond as aforesaid.

Sec 12. If any sheriff, coroner, justice of the peace, probate justice of the
peace, constable, school commissioner or collector of State and county revenue,
shall embezzle or appropriate to his own use, any money which may be paid them
by virtue of their offices, they shall be liable to be indicted therefor, and upon con-
viction thereof, the court shall pass judgment that the office held by such officer
shall be vacated ; and a new election shall be held to fill the vacancy thereby cre-
ated.

Sec 13. It shall be the duty of such sheriff, coroner, justice of the peace, pro-
bate justice of the peace, constable, school commissioner or collector of State and
county revenue, if he shall fail to give bond as provided for in this chapter, to de-
liver over to his sureties forthwith, all books, moneys, vouchers, papers and every
description of property whatever, pertaining to his said office, and the said sureties
may, at any time after said failure to file said bond, maintain an action of replevin, or
other appropriate action, to recover such property, money or effects from their said
principal.

Sec 14. If any officer designated in the foregoing sections of this chapter, shall
fail to deliver any money, property or effects as aforesaid, to his securities, or shall
act, or attempt to act in his said office after failing to give a new bond as aforesaid,
he shall be deemed guilty of a high misdemeanor, and upon indictment and convio-

PARTITIONS. 399

tion therefor, shall be fined, in any sum not less than five hundred dollars nor more
than five thousand dollars.

Sec. 15. The provisions of this chapter shall not be so construed as to operate
as a release of the securities of any of the aforesaid officers, for liabilities incurred
previous to the filing of a new bond as required in the foregoing sections of this
chapter.

Sec. 16'. Whenever the condition of the bond of any public officer, shall be vio-
lated, suit may be instituted on such bond, and prosecuted to final judgment against
such officer, and any or all of the securities, or against one or more of them, jointly
and severally, without first establishing the liability of the principal, by obtaining
judgment against him alone.

Sec 17. Execution may issue on any judgment so rendered as in ordinary cases,
but the officer executing the same shall not levy upon the property of the sureties
until he shall fail to find sufficient property of the principal, to satisfy such execution ;
Provided, however, The judgment and execution shall be a lien upon the property
of the sureties, as in ordinary cases.

Approved: March 3, 1845.

CHAPTER LXXDL

PARTITIONS.

Section Section

1. When lands held in joint tenancy, &c, any 8. Court to- try cause and determine the interest

person interested may, by petition to the pro- i of the respective parties.

per court, have partition and sale. 9. Court ordering partition, to appoint commis-

1. Petition, what facts to set out. sioners ; their duty ; their report, and order

3. Who shall be made parties. of the court thereon.

4. If persons in interest be unknown, or their inter- I 10. Compensation of commissioners.

est uncertain, that fact to be set out in peti- ! 11. When lands, &c, cannot be properly divided, to
tion. be sold, and proceeds divided ; proceedings

5. How such unknown persons to be made parties. | thereon to be reported; order of court.

6. How they may be summoned; non-resident ! 12. Unclaimed moneys to be deposited in the State

parties, how notified. treasury, to be drawn by order of court.

1. Any person interested, may become party de- j 13. Claimants of such money, to preserve same by
fendant by interpleader. order of court.

I 14. Plea in abatement, not allowed.

Section 1. When any lands, tenements or hereditaments, shall be held in joint
tenancy, tenancy in common or coparcenery, whether such right or title be derived
by purchase, devise or descent, or whether any, all or a part of such claimants be of
full age, or minors, it shall be lawful for any one or more of the persons interested,
by themselves, if of full age, or by their guardians, if minors, to present to the cir-
cuit court of the county where such lands or tenements lie, or where the lands or
tenements lie in different counties, in the circuit court of the county in which the
major part of such lands lie ; but if the major part of such lands do not lie in anv
one county, then to the circuit court of any county in which any of such lands lie,
their petition, praying for a division and partition of such premises, according to the

PARTITIONS. 401

ted with any of the parties, either by consanguinity or affinity, and entirely disinter-
ested ; each of whom shall take an oath before the court, or some justice of the
peace, fairly and impartially to make partition of said lands, in accordance with the
judgment of the court, as to the rights and interests of parties, if the same can be
done consistently with the interests of the estate : and the said commissioners shall
go upon the premises and make partition of said lands, tenements and hereditaments,
assigning to each party, his or her share, by metes and bounds ; and may make re-
port, which shall be under their hands and seals, to the court, during the same or
next succeeding term, at which they were appointed; and the court may, at the
term when such report shall be made, make all such orders upon such reports as
may be necessary to a final disposition of the case.

Sec. 10. The commissioners to be appointed under this chapter, shall be allow-
ed as a compensation for their services, one dollar per day each, to be taxed as other
costs.

Sec, 11. When any lands, houses or lots, are so circumstanced that a division
thereof can not be made without manifest prejudice to the proprietors of the same,
and the commissioners appointed to divide the same, shall so report to the court, the
court shall thereupon give an order to said commissioners, or other person or per-
sons, to sell such lands, houses and lots, or houses and lots, at public vendue, upon
such terms, and by giving notice of sale as the court shall direct ; and who shall
make and execute good and sufficient conveyance or conveyances to the purchaser
or purchasers thereof, which shall operate as an effectual bar, both in law and equi-
ty, against such owners or proprietors, and all persons claiming under them: and
the commissioners or persons making such sale, shall report their proceedings to the
court, and shall pay over the moneys arising therefrom, to the parties entitled to
receive the same, under the direction of the court : the court to make such order in
relation to costs as shall seem right.

Sec 12. When a sale of any lands or premises shall be made, in accordance
with the preceding section, and no person shall appear to claim such portions of the
money as may belong to any non-resident or person whose name is unknown the
court shall, thereupon, require the money belonging to the persons not claiming as
aforesaid, to be deposited in the treasury of the State, subject to the further order
of the court ; and all money required to be deposited as aforesaid, shall be received
by the State treasurer, and paid out upon the order of the court.

Sec. 13. When money shall be deposited in the State treasury under the provi-
sions of this chapter, the person or persons entitled to the same may, at anv
time, apply to the court making the order of sale, and obtain an order for the same
upon making satisfactory proof to the court of his, or her, or their rio-ht thereto.

Sec 14. No plea in abatement shall be received in any suit for partition nor
shall such suit abate by the death of any tenant.

Approved : March 3, 1845.
26

n

CHAPTER LXXX.
PAUPERS.

Section

1. Who considered paupers, what relatives to sup-

port each other; penalty for neglect; proviso.

2. Order in which relatives shall be liable.

3. When pauper has no relatives, how relieved.

4. If non-resident pauper be sick, or die, expen-

ses, how paid.
6. Who shall be overseers of the poor.

6. Duty of overseers; poor, how provided for;

duty of persons taking them to support.

7. Overseers to report to county commissioners'

court.

8. Duty of court, as to allowance to poor person.

9. Sum may be lessened or increased without af-

fecting validity of the bond.

10. Overseers may change custody of poor person.

11. As to labor of pauper.

12. Residence of pauper, how ascertained.

Section

13. Non-resident pauper may be removed to proper

county.

14. Liability of such proper county.

15. Term "residence" defined.
Penalty for conveying pauper into county in

which he is not resident.

Poor houses to be established.

Land therefor, may be acquired and held.

County commissioners may receive donations
for poor-houses ; may levy tax for same pur-
pose.

20. May employ agents.

21. When poor-house established, overseers of poor
superseded.

Title of estate to be in county.
County commissioners may purchase farm for
pooi -house establishment.

16.

17.

18.

19-

22.

Section 1. Every poor person who shall be unable to earn a livelihood in con-
sequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, shall be
supported by the lather, grand-father, mother, grand-mother, children, grand-chil-
dren, brothers or sisters of such poor person, if they or either of them be of suffi-
cient ability. And every person who shall fail or refuse to support his or her father,
grand-father, mother, grand-mother, child or grand-child, sister or brother, when
directed by the county commissioners' court of the county where such poor person
shall be found, whether such relative reside in the same county or not, shall forfeit
and pay to the said county commissioners, for the use of the poor of their county,
the sum of five dollars for every month for which they or either of them shall fail
or refuse, to be recovered in the name of the county commissioners' court, for the
use of the poor as aforesaid, before any justice of the peace, or any other court ha-
ving jurisdiction : Provided, That when any persons become paupers from intem-
perance or other bad conduct, they shall not be entitled to support from any relation,
except parent or child.

Sec. 2. The children shall first be called on to support their parents, if there
be children of sufficient ability, and if there be none of sufficient ability, the parents
of such poor person shall be next called on, and if there be no parents or children,
the brothers and sisters of such poor person shall next be called on, and if there be
no brothers or sisters, the grand-children of such poor person shall next be called
on, and then the grand- parents : Provided, Married females, whilst their husbands
live, shall not be liable to a suit.

Sec 3. When any such poor person shall not have any such relatives in any
county in this State, as are named in the preceding sections, or such relative shall
not be of sufficient ability, or shall fail or refuse to maintain such pauper, then the
said pauper shall receive such relief as his or her case may require, out of the
county treasury, in the manner hereinafter provided.

Sec 4. When any non-resident, or any other person not coming within the defi-
nition of a pauper, shall fall sick or die in any county of this State, not having mo-
ney or property to pay his board, nursing and medical aid, it shall be the duty of the

PAUPERS. 403

overseers of the poor of the proper district, or if their be none, then of the nearest
county commissioner of the county, upon complaint being made, to give or order to
be given such assistance to such poor person as they may deem just and necessary ;
and if said sick person shall die, then the said overseers or county commissioner
shall give or order to be given to such person, a decent burial : and the said overseers
or county commissioners shall make such allowance for board, nursing, medical aid
or burial expenses as they shall deem just and equitable ; which allowance shall
be laid before the county commissioners' court, and the said court shall allow either
the whole, or such reasonable and just part thereof as ought to be allowed, and
order the same to be paid out of the county treasury.

Sec. 5. The justices of the peace in each justice's district, in conjunction with
such other person as the county commissioners in the several counties in this State,
may appoint, shall be, and are hereby made, overseers of the poor, and are vested
with the entire and exclusive superintendence of the poor in their respective dis-
tricts, excepting in case of corporate towns or cities, to which such superinten-
dence and jurisdiction shall be by law granted.

Sec. 6. It shall be the duty of said justices within their respective districts,
and the person appointed as aforesaid, diligently to inquire after all such persons as
are unable to earn a livelihood, in consequence of any bodily infirmity, idiocy, lunacy
or other unavoidable cause, and to provide for them the necessary comforts of life,
by confiding the care of such poor person or persons to some moral and discreet
householder or householders in the district, of sufficient ability to provide for them.
Every person to whom the care of such poor person shall be committed, shall exe-
cute a bond to the county in which said poor person shall reside, conditioned that
he will treat said poor person with humanity, and afford to him or her the necessary
attention and comforts of life, fitted to his or her condition. Said bond shall set forth
the sum to be given by said county for keeping such poor person or persons.

Sec 7. Said overseers shall, at each session of the county commissioners' court,
make a full report of their actings and doings under this chapter, and return a list
of all the poor within their respective districts, specifying the age, sex and infirmi-
ties of each.

Sec. 8. Upon the making of said report, it shall be the duty of the several
county commissioners' courts, to make such appropriations as will justify the per-
son having the custody of any poor person, in affording to him or her suitable cloth-
ing, and such comforts as may be suitable to their state and condition.

Sec 9. Any sum set forth in the bond executed by any county as aforesaid,
may be lessened or increased at the discretion of said county, without affecting, in
either ease, the validity of the bond.

Sec 10. The county commissioners' court may, at any regular term of said
court, remove any poor person from the custody of the person or persons to whose
care the overseers may have committed the keeping of such poor person, without
subjecting the overseers or the county, to any claim for damages.

Sec 11. The overseers, in fixing the amount to be paid for keeping any poor
person, shall take into the calculation the ability of the poor person to labor.

Sec 12. Any person becoming chargeable as a pauper in this State, shall be
chargeable as such pauper in the county in which he or she resided at the com-
mencement of the thirty days immediately preceding such person becoming so
chargeable.

Sec 13. If any person shall become chargeable in any county in which he or
she did not reside at the commencement of the thirty days immediately preceding

404 PAUPERS.

his or her becoming so chargeable, he or she shall be duly taken care of by the pro-
per authority of the county where he or she may be found ; and it shall be the duty
of the clerk of the county commissioners' court, to send notice by mail, to the clerk
of the county commissioners' court of the county in which such pauper resided, as
before stated, that said person has become chargeable as a pauper, and requesting
the authorities of said county to remove the said pauper forthwith, and to pay the
expense accrued in taking care of him or them.

Sec. 14. If said pauper, by reason of sickness or disease, or by neglect of the
authorities of the county to which he or she belongs, or for any other sufficient
cause, can not be moved, then the county taking charge of such individual or indi-
viduals may sue for and recover from the county to which said individual or indi-
viduals belong, the amount expended for and in behalf of such pauper or paupers,
and in taking care of the same.

Sec 15. The term "residence" mentioned in this chapter, shall be taken and con-
sidered to mean the actual residence of the party, or the place where he or she was
employed, or in case he or she was in no employment, then it shall be considered
and held to be the place where he made it his or her home.

Sec 16. If any person shall bring and leave any pauper or paupers in any
county in this State, wherein such pauper is not lawfully settled, knowing him or
them to be paupers, he shall forfeit and pay the sum of one hundred dollars for
every such offence, to be sued for and recovered by and to the use of such county,
by action of debt, before any justice of the peace in the proper county.

Sec 17. The county commissioners' court in each county, is hereby authorized
(whenever it shall see ht so to do) to establish a poor-house.

Sec 18. The county commissioners are hereby authorized to take to the county,
by grant, devise or purchase, any tract of land, not exceeding six hundred and forty
acres, for the purposes of said poor-house.

Sec 19. Said county commissioners' courts are hereby empowered to receive
donations to aid in the establishment of such poor-house, and are also empowered,
from time to time, if it shall see fit, to levy and collect a tax, not exceeding one-
fourth of one per cent., on the taxable property of the county, and to appropriate
the same to the purchase of land, not exceeding the aforesaid six hundred and forty
acres, and to erect and furnish buildings suitable to a poor-house, and to put it into
operation, and to defray the annual expenses of said poor-house, should the labors
of the inmates be inadequate thereto.

Sec 20. Said county commissioners' courts are hereby authorized to employ
such agents and other persons as may be necessary, to establish and put into opera-
tion such poor-house.

Sec 21. Whenever any county commissioners' court shall enter upon their
records, that they have established a poor-house, and that such poor-house is
ready for the reception of the poor of the county, then the authority conferred upon
the overseers of the poor, shall cease to be in force in said county : Provided, how-
ever, If there be any particular case or cases which the court should deem prudent
to put out under the provisions of this chapter, they may do so, making a proper
entry of the circumstances upon their records.

Sec 22. The title to the property authorized to be acquired by this chapter,
for the purpose of said poor-house, shall be made to the county.

Sec 23. The county commissioners' court of any county in this State may, if
they shall at any time deem it to the interest of said county, appropriate out of any

PENITENTIARY.

405

fund appropriated to said county for any purpose, or other money belonging to said
county, any sum, not exceeding two thousand five hundred dollars, for the purpose
of purchasing a farm, and erecting thereon suitable buildings for a poor-house for
said county, as contemplated in sections seventeen, eighteen and nineteen of this
chapter.

Approved: March 3, 1845.

CHAPTER LXXXL

PENITENTIARY.

Section

1 . Governor to appoint inspectors of the peniten-

tiary; to hold olfice for two years.

2. Their powers and duties.

3. To keep minutes and report to General Assem-

bly.

4. May appoint warden, and other officers.

5. Warden may appoint prison guards.

6. If labor of convicts be not sufficient for their

support, State to pay deficit.

7. Salary of warden.

8. Inspectors to meet once in each month; shall

keep minutes.

9. One inspector to visit penitentiary once in each

week.

10. Warden to report once in each month.

1 1 . Police regulations and discipline.

12. Each convict to have a bible.

13. List and particular description of each convict

to be kept in a book.

14. Convicts may be paid for extra work.

15. Weekly record made, of behavior and health of

convicts.

16. Compensation for extra work, how applied.

17. Inspectors not to have pecuniary interest.

18. Inspectors and warden to be sworn.

19. Each inspector to give bond.

20. Warden to give bond.

21. Spirituous liquors forbidden.

22. Inspectors may lease penitentiary,

Section

23. Lease not to affect pardoning power.

24. No right to remove prisoners to another build-

ing.

25. Copies of lease, how disposed of.

26. Lessee, on becoming warden, to be sworn.

27. Lease not transferable except by written con-

sent.

28. Proposals for leasing, to be received.

29. Warden, unless he be the lessee, not to be inter-

ested, &c.

30. Governor may remove inspector for miscon-

duct, and appoint a successor.

31. On leasing, inventory of personal property to be

made.

32. How such property disposed of.

33. II penitentiary be not leased, how expenses

paid, and convicts employed.

34. Compensation of inspectors.

35. Convicts, how and where confined ; convicts,

how and by whom conveyed to penitentiary ;
duty of sheriff.

36. Sheriffj conveying convicts, to employ guards ;

duty and compensation of sheriff.

37. Duty of warden, &c, as to receiving and safely

keeping convicts.

38. Warden, how punished for violation of duty.

39. Flogging, when to be inflicted.

40. Warden to be treasurer of the penitentiary; to

keep books ; make monthly reports.

Section 1. The Governor, by and with the advice and consent of the senate,
shall appoint three inspectors of the penitentiary, who shall hold their offices for
the term of two years, and until others are in like manner appointed and qualified.

Sec 2. The said inspectors, or a majority of them, shall have power, and it
shall be their duty, from time to time, to examine and inquire into all matters con-
nected with the government, discipline and police of the penitentiary at Alton,
which is committed to their care ; the punishment and employment of the prison-
ers therein confined ; the moneyed concerns and contracts for work to complete
the penitentiary, and the purchase and sale of the articles provided for the said
penitentiary, or sold on the account thereof: they shall have power to make rules
and regulations for the management of the said penitentiary and the officers therein
employed, and to require the warden, from time to time, to render a minute and

406 PENITENTIARY.

full account of all the expenditures, with the receipts and other transactions of
and concerning the said penitentiary.

Sec. 3. The said inspectors shall keep regular minutes of their proceedings,
and shall, at the meeting of each General Assembly, make a full report of the situa-
tion of the said penitentiary, and all things connected with the management of the
same, the number of prisoners confined therein, the accounts, both of receipts and
expenditures, and all proceedings by them as inspectors of the penitentiary for the
preceding two years.

Sec 4. The inspectors of the penitentiary are authorized and empowered to
appoint a warden, and all inferior officers and agents in the said penitentiary, to su-
perintend and manage the affairs of the same. The inspectors shall have power
to revoke the appointment of the warden and inferior officers and agents whenever,
in their opinion, tbe interests of the State shall require it; but, unless so revoked,
he shall hold his office for the term of two years, and until his successor is appointed
and qualified.

Sec 5. For the purpose of preventing the escape of convicts, the warden, with
the approbation of the inspectors, may employ "three able-bodied and trusty men as
prison-guards, who shall alternately, under the direction of the warden, guard the
prisoners, as well by night as by day; which number of prison-guards may be in-
creased by the inspectors when the increased number of convicts shall render it
necessary : Provided, That not more than three guards shall be employed, unless
the number of convicts shall amount to forty.

Sec 6. On failure to realize from the labor of the convicts confined in said
penitentiary, a sum sufficient to defray the incidental expenses of the same and sup-
port the convicts, the inspectors shall have power to draw on the auditor for a sum,
not exceeding fifteen hundred dollars per annum, to supply the deficiency.

Sec 7. The warden shall receive a salary, at the rate of one thousand dollars
a year, payable quarterly out of any money in the treasury not otherwise appropri-
ated ; but if any convicts shall escape from said penitentiary during his continuance
in office, a deduction of thirty dollars shall be made from his salary, for every con-
vict so escaping.

Sec 8. The inspectors shall meet at the penitentiary on the first Monday of
every month, at such hour as they shall appoint. They shall appoint one of their
number to act as secretary, who shall enter in a book to be provided for the pur-
pose, all orders, regulations and other transactions of the board.

Sec 9. One of the inspectors, to be designated by the board, shall visit the
penitentiary once a week ; and each inspector may visit the penitentiary as often as
he shall think necessary.

Sec 10. At every monthly meeting of the board of inspectors, the superintend-
ent shall make a report of the receipts, expenses and condition of the penitentiary
during the preceding month.

Sec 11. The inspectors shall establish and maintain a rigid system of police in
the penitentiary ; and, so far as practicable, they shall prevent any conversation be-
tween the convicts.

Sec 12. The inspectors are authorized to furnish at the expense of the State,
a copy of the bible to each convict who is able and willing to read the same.

Sec 13. The warden is authorized, under the direction of the inspectors, to
procure at the expense of the State, a book or books, in which he shall keep a de-
scriptive list of all the convicts, stating their age, place of birth, place and time of

PENITENTIARY. 407

conviction, crime of which they were convicted, duration of sentence, time of re-
ception into the penitentiary, trade, business or profession, former habits of life,
whether married or unmarried, and such other particulars as the inspectors may
direct.

Sec 14. The inspectors are authorized, if, in their opinion, the public interest
will be promoted thereby, to cause a separate account to be opened by the warden
with each convict, in which such convict shall be credited with all the extra work
which he may perform, and charged for all the time he may lose by refusal to labor,
or misconduct of any kind.

Sec. 15. At the close of each week, the warden shall make an entry in a book
to be kept for that purpose, of the good or bad behavior of each convict during the
week ; also, of the state of such convict's health, and such other particulars as, in
the opinion of the inspectors, it may be useful for them to know.

Sec 16. The inspectors are authorized, if they shall deem it expedient, to al-
low compensation to the convicts for work performed over and above the quantity
usually required of workmen, such compensation to be applied, under the direction
of the inspectors, in supplying such convicts with useful reading; to the support of
their families, if they have any ; or it may be placed to their credit, and paid to them
when they are discharged from the penitentiary.

Sec 17. No inspector of the penitentiary shall become personally interested,
either directly or indirectly, in any purchase, sale, lease or contract of any kind, to
be entered into by the board of inspectors, on behalf of the State, with any person
or persons whomsoever, under a penalty of two hundred dollars.

Sec 18. Before entering upon the duties of their respective offices, the inspec-
tors and warden of the penitentiary shall severally take and subscribe an oath to
support the constitution of the United States and of this State, and faithfully to per-
form the duties of their respective offices according to law and to the best of their
ability. Such oaths may be administered by any judge, justice of the peace or no-
tary public, of this State, and shall be transmitted by the inspectors to the secretary
of State, and filed in his office.

Sec 19. Each of the inspectors of the penitentiary, before entering upon the
duties of his office, shall execute a bond to the Governor, for the use of the people
of this State, in the penal sum of five thousand dollars, with sufficient sureties, to
be approved by the judge of the second judicial circuit, with the condition that such
inspector shall faithfully perform the duties of his office according to law ; which
bond shall be transmitted by the inspectors, to the secretary of State, and filed in
his office.

Sec 20. The warden of the penitentiary, before entering upon the duties of
his office, shall execute a bond to the Governor, for the use of the people of this
State, in the penal sum of ten thousand dollars, with sufficient sureties, approved
by the judge of the second judicial circuit, conditioned that the said warden shall
faithfully and truly perform the duties of said office according to law.

Sec 21. No spirituous liquors shall be given or furnished to any convict, un-
less prescribed by a physician.

Sec 22. The inspectors of the penitentiary are hereby authorized, if, in their
opinion the interests of the State will be promoted thereby, to lease the penitenti-
ary and the labor of the convicts, for a term of years, not exceeding three, to some
qualified and responsible person, who shall thenceforth, during the continuance of
the lease, be the warden of the penitentiary, and shall perform all the duties re-

408 PENITENTIARY.

quired of that officer by law; such lessee being required to furnish all necessary-
food, clothing and bedding for the convicts ; to hire all the necessary guards ; and
in all respects, to manage the affairs of the penitentiary in such a manner as best
to promote the reformation, improvement, and health of the convicts : Provided,
That the penitentiary shall not be leased for a longer term than three years, nor
upon any terms which will make the penitentiary a cost to the State.

Sec. 23. No contract shall be entered into by the inspectors with any lessee,
which will restrain or affect the power of the Executive to pardon any convict
confined in the penitentiary, or to grant the lessee any remuneration in consequence
of the exercise of the pardoning power.

Sec. 24. No contract which may be entered into by the inspectors with any
lessee, shall be so construed as to interfere with the right of the State to remove
the convicts to another building hereafter to be erected ; but the right to make such
removal is hereby reserved, and when such removal shall have been made, the
lease herein provided for shall no longer attach to the present penitentiary buil-
dings but shall thenceforth attach and apply to such new penitentiary.

Sec. 25. Triplicate copies of such lease shall be executed by the parties ; one
copy of which shall be kept by the lessee, one retained by the inspectors, and the
other copy shall be transmitted by them to the secretary of State, and filed in his
office.

Sec. 26. The person who may become warden of the penitentiary, by virtue
of a lease as herein provided, shall be required to take an oath of office, and
give bond as in other cases, but shall receive no salary or other compensation,
except such as shall be stipulated in such lease.

Sec 27. No lease, entered into by the inspectors in pursuance of this chapter,
shall be transferable by the lessee without the written assent of the inspectors.

Sec 28. Before executing any lease of the penitentiary, and of the labor of
the convicts, the inspectors shall appoint a day on which they will receive written
proposals for such lease ; and they shall cause four weeks' notice to be given of
the same, by advertisement in the newspapers published at Alton, and in the news-
paper published by the State printer. In deciding upon the proposals received,
the inspectors shall take into consideration the qualifications and ability of the per-
sons offering the same.

Sec 29. No warden of the penitentiary, unless he is also the lessee thereof,
shall become personally interested, either directly or indirectly, in any purchase,
sale or contract to be entered into by the board of inspectors on behalf of iht-
State, with any person or persons whomsoever, under a penalty of two hundred
dollars.

Sec 30. The Governor shall have power to remove from office any inspector
of the penitentiary for misconduct or long continued neglect of the duties of his
office, and to appoint another person to fill the vacancy until the end of the next
succeeding session of the General Assembly.

Sec 31. Whenever the inspectors shall lease the penitentiary, they shall make
an inventory of all the tools and all the manufactured articles and raw materials
belonging to the penitentiary, and fix upon them such prices as in their judgment
they will readily sell for ; a copy of which inventory shall be signed by the inspec-
tors, and filed in the office of the auditor of public accounts.

Sec 32. The lessee of the penitentiary may receive such property at said val-
uation, on a credit of one year, by securing the payment of the same. If he declines

PENITENTIARY. 409

to receive it on these terms, the inspectors shall have power to dispose of such pro-
perty on the best terms they can procure.

Sec. 33. If the inspectors of the penitentiary shall fail to lease the penitentiary
within a reasonable time, they shall be authorized to draw on the auditor of public
accounts for a sum not exceeding three thousand dollars, payable out of any money in
the treasury not otherwise appropriated ; which sum shall be applied exclusively
to the purchase of materials for making barrels and other articles, the manufacture
of which, at the penitentiary, may be considered by the inspectors advantageous to
the State.

Sec. 34. The said inspectors shall each receive the sum of two dollars per
day, for each day they may be necessarily employed in the discharge of the duties
of their office : Provided, That the same shall not exceed fifty dollars in the course
of any one year.

Sec 35. All persons sentenced to hard labor, or solitary imprisonment and
hard labor, shall be imprisoned, restrained and employed in and within the precincts
of the penitentiary, located at the city of Alton, in the county of Madison ; and the
court before whom any such conviction may be had, is hereby authorized and em-
powered by its order on the sheriff of the county where such conviction is had, to
cause all such convicts, as soon as conveniently maybe after sentence, to be re-
moved from the jail of such county, to the said penitentiary; and the sheriff of the
county in which such conviction may be had, is hereby authorized and required, by
himself or his deputies, to remove such convicts to the penitentiary accordingly,
and deliver such convict into the custody of the warden or other officer, who may
haVe charge of said penitentiary ; and the said sheriff or his deputies, shall have all
the power of sheriffs and deputies in all counties in this State, which they may
enter into or pass through for the purpose of conveying such convicts to the peni-
tentiary aforesaid ; and it shall be the duty of the clerk of the court before whom
such conviction may be had, to make out and deliver to the sheriff of the county, a
copy of said conviction and judgment and order thereon ; and the said sheriff or
deputy shall have an attested copy thereof, with a copy of his return thereon, with
the warden or other officer having the charge or custody of said penitentiary, and
the sheriff shall make due return* to the court of their said order.

Sec 36. It shall be the duty of the sheriff of the county where the conviction
was had, to employ a sufficient force to guard all convicts to the penitentiary ; and
the sheriff shall be responsible for the safe delivery of such convicts. A failure
to deliver the same, shall be a breach of duty in the official conduct of such sheriff,
for which he may be indicted in any county, as in other cases of malconduct in
office. The said sheriff shall be allowed thirty cents for each mile necessarily trav-
eled in going to the penitentiary with each convict, when taken separately, but
when more than one convict shall be sentenced to the penitentiary at the same term
of the court, twenty-five cents per mile shall be allowed for the second, and the
same compensation for any greater number of convicts sentenced at the same term
of the court, to be paid out of the State treasury, on the warrant of the auditor,
which shall be issued in favor of such sheriff, on the presentation of the warden's
certificate that such convict or convicts had been delivered into his custody by such
sheriff; and which shall be in full compensation for all charges and expenses of him-
self and guards, in conveying such convict or convicts to the penitentiary.

Sec 37. It shall be the duty of the warden or officer having charge or custody
of said penitentiary, to receive such persons as may be convicted, sentenced and

410 PENITENTIARY.

ordered to be imprisoned in said penitentiary, and them safely keep at hard labor,
or solitary confinement and hard labor, within the precincts of said penitentiary, pur-
suant to their sentence, until their time shall fully expire, or they be otherwise
discharged by due course of law. The said warden or officer having charge or cus-
tody of said penitentiary and the convicts therein confined, shall not, under any cir-
cumstances whatever, permit or suffer any convict to leave the prison or yard con-
nected therewith, for any purpose whatever, excepting in working in the stone
quarry belonging to the State and connected with said prison, at such times as addi-
tions may be making to the prison buildings or walls connected therewith ; and in
assisting in the conveyance of articles manufactured in the prison, to the landing
in front of the penitentiary, and in the unloading of boats of such articles and ma-
terials as may be intended for the use of the penitentiary, and in the conveyance of
any such articles to the same : Provided, however, That in case of any accident hap-
pening to the prison, or the walls thereof, the inspectors may permit and direct the
removal of the convicts confined therein, or any part of the same, to any other
place of security, for such length of time as they may deem necessary, or until such
repairs shall be made to said prison ; and in the event of any contagious disease
breaking out among the convicts in said prison, the inspectors may, if they deem it
necessary, order and direct that such diseased convict or convicts be removed to
some safe and secure place, where they shall receive such medical treatment and
nursing as their circumstances may require ; and as soon as their health will per-
mit, and the safety and health of the other convicts will not be endangered thereby,
said convicts shall be returned to their confinement in said prison, to serve out their
time pursuant to their sentence.

Sec. 38. If at any time the warden or officer having charge of said peniten-
tiary, and the convicts confined therein shall violate any of the provisions of the
foregoing section of this chapter, such officer shall, on conviction, be fined in a sum
not less than five nor more than eight hundred dollars for each and every violation,
and the judge of the second judicial circuit shall give this chapter in charge to the
grand jury, at every term of the circuit court of Madison county.

Sec. 39. The using of the lash in the infliction of punishment upon con-
victs is hereby expressly forbidden, (unless sanctioned and ordered by the inspec-
tors,) and it shall be their duty to examine into all disorderly conduct of the con-
victs, when requested by the warden, and when it shall appear that any convict
has been disorderly, refractory or disobedient, they may order such corporeal pun-
ishment as they may deem necessary to enforce obedience, not inconsistent with
humanity.

Approved : March 3, 1845.

[Amended: — See Appendix, Act No. 19.]

CHAPTER LXXXII.

PETITIONS.

Section

1. Notice to be published, of all petitions to the

General Assembly, which affect the rights of
counties or persons.

2. No county to be divided, or county seat re-

moved, unless a majority of voters petition.

3. State roads, notice to be given of intended pe-

tition to alter or create.

Section
4. How petition to be signed and proved; and by

whom certified.
6. People of county in which road is to be made,

to petition therefor.
6. Certificate of regular notice having been given,

to be made by the county commissioners'

clerk.

Section 1. No petition or petitions shall be finally acted upon by the General
Assembly, which prays for a change of county lines, the erection of new counties,
the removal of the seat of justice of any county, or which may affect the rights and
interests of any person or persons, unless the petitioner or petitioners shall have
given four weeks' notice in some newspaper printed in this State, and a copy of said
advertisement shall be put upon the courthouse door in said county, at least two
months before such petition or petitions shall be presented to the General Assembly.
Sec. 2. No county shall hereafter be divided, or county seat removed, unless
it be done on a petition signed by a majority of the qualified voters of said county,
so to be divided, or the county seat removed ; which petition shall particularly
describe the line or lines of division or curtailment so proposed, and the particular
place to which such county seat is proposed to be removed.

Sec. 3. When any of the citizens of this State shall deem the establishment or
relocation of any State road to be of public utility, they, or some two of them, shall
give four weeks' public notice, by at least four written notices posted up in the
most public place in each county in which the proposed location, change or altera-
tion is about to take place, that they will petition the next session of the legislature
to establish or relocate such road ; in which notice a particular description of the
road shall be set forth.

Sec. 4. At least fifty householders and citizens of the county or counties
through which said road shall pass, are necessary to sign the petition ; and before
the petition shall be presented to the legislature, the persons giving said notice, or
other credible persons, shall make affidavit of such advertisements having been
made as required by the preceding section, before the clerk of the court of any
county through which the road may pass ; a certificate of which shall be given by
the clerk and accompany the petition.

Sec 5. No State road shall be established or relocated, except upon the petition
of a portion of the citizens of the county in which the same is to be established or
relocated.

Sec. 6. The clerks of the county commissioners' courts shall, severally, issue
the certificates aforesaid, upon oath being made by any credible person that said
notices were given according to the provisions of section three.

Approved : March 3. 1845.
[See chapters 92 and 93.]

CHAPTER LXXXIII.

PRACTICE.

SECTION

1. Summons, when to be first process; how is-

sued, sealed, tested, dated; to whom directed;
when returnable.

2. Suit to be brought in the county in which a par-

ty, either plaintiff or defendant resides, or
where demand is payable; judgment not to go
against defendants not resident of the county,
unless against those who are.

3. Service of process, return, fees, &c.

4. In suits against corporations, service how

made ; not to affect suits against counties, or
on special statutes.

5. When process not served in time, defendant en-

titled to continuance to succeeding term.

6. If first summons be not served, alias, &c, may

successively issue ; when part of defendants
are served, how plaintiff to proceed; when de-
fendants not served, made parties by sci. fa.;
rights of such defendant on hearing of sci. fa.

7. Officer failing to make return, may be ruled to

do so, and, refusing, attached.

8. Declaration, &c, to be riled ten days before

court, or defendant entitled to continuance.

9. Clerk to keep docket ; order in which entries

shall be made; when subpcenas returnable.

10. Clerk fined for refusing to issue subpcenas.

1 1 . When parties agree, law and fact may be tried

by the court.

12. Power of court as to production of writings,

&c. ; defendant to file bill of particulars with
plea.

13. Time to plead allowed; judgment by default,

when taken ; causes to be disposed of in their
order on the docket ; continuances for want of
testimony, when and on what conditions gran-
ted.

14. Defendant may plead several pleas; may give

notice of set-off; replications and rejoinders
may be several, by special permission of the
court ; plea denying signature, to be verified
by affidavit ; executor, &c, may swear as to
his belief.

15. When damages may be assessed by clerk; when

by jury.

16. Default, court may set aside, on conditions.

17. Affidavits read, to be filed.

18. In actions on penal bonds, judgment to be for

penalty and to stand security for damages to be
assessed; as to damages assessed after first
suit.

19. In action upon contract, defendant may set off

counter demands.

20. Challenge of jurors in civil action; jury may

take papers on retiring.

21. Exceptions to decision, how taken, sealed and

made part of the record.

22. Exceptions, in what cases allowable.

23. Additional cases in which exceptions are per-

mitted.

24. Verdict, how pronounced ; form thereof ; entry;

party desiring to except, &c, to give notice

Section

before entry of final judgment ; not more than
two trials granted; irregularity, verdict not
set aside for, after close of same term.

25. Verdict good, if one count be good; faulty counts

to be disregarded.

26. In attachment cases, declaration to be filed as in

other cases.

27. Debtor may confess judgment; same to operate

as a release of errors.

28. Courts to instruct jury as to law only.

29. Non-suit must be taken before jury retire.

30. Papers read, though not under seal, may be ta-

ken by jury.

31. Interpreters.

32. If judgment be arrested, how cause to proceed.

33. Form of commencing suit by petition.

34. Form of noting assignments.

35. Petition and summons, how served.

36. Effect of petition; pleadings, trial and judg-

ment.

37. Bail in such case ; form of affidavit to hold to

bail.

38. Costs, plaintiff not to recover after tender.

39. Declaration not necessary on sci. fa.

40 Fee books and fee bills to be made, and how.
41. Incorrect fee bill void; if amount be paid, it
may be recovered back; witnesses' names sta-
ted.

Costs, &c, what part of inserted in docket
book.

Clerk of circuit court to keep judgment docket ;
entries therein ; penalty, if clerk neglect duty.

Officer neglecting to pay over money collected,
how dealt with; punishment for contempt,
&c.

45. Clerk to make entry of officer's return.

46. Stay of proceedings, how procured out of term.

47. Appeals to supreme court, how taken ; when to

be prayed for ; bond to be given ; bond, when
may be put in suit.
Record to be filed in supreme court ; within
what time.

49. Supreme court may give final judgment, and re-

mand cause or issue execution.

50. On dismissal of appeal or writ of error, duty of

clerk of the court below.
One party, plaintiff or defendant, may appeal.
Partial reversal.
Time limited, in which writ of error may be

brought.
Supersedeas, when writ of error to operate as ;

judgment.

55. Equal division of supreme court, an affirmance.

56. A scrawl deemed a seal.

57. When appeal dismissed for want of prosecu-

tion, damages may be awarded for the delay.

If appellee from judgment of justice fail to pro-
secute, he shall pay damages for the delay.

Assignment of note, &c, need not be proved,
unless put in issue on oath.

42.

■a.

48.

51.

52.
53.

51.

58.

59.

PRACTICE. 413

Section 1. The first process in all actions to be hereafter commenced in any
of the circuit courts of this State, shall be a summons, except actions where special
bail may be required: which summons shall be issued under the seal of the court,
tested in the name of the clerk of such court, dated on the day it shall be issued, and
signed with his name ; and shall be directed to the sheriff, (or if he be interested
in the suit,) to the coroner of the county ; and shall be made returnable on the first
day of the next circuit court in which the action may be commenced.

Sec 2. It shall not be lawful for any plaintiff to sue a defendant out of the
county where the latter resides, or may be found, except in cases where the debt,
contract or cause of action accrued in the county of the plaintiff, or where the contract
may have specifically been made payable ; when it shall be lawful to sue in such
county, and process may issue against the defendant to the sheriff of the county
where he resides. And in every species of personal actions in law or equity,
when there is more than one defendant, the plaintiff commencing his action, where
either of them resides, may have a writ or writs issued, directed to any county or
counties, where the other defendants or either of them may be found : Provided,
That if a verdict shall not be found or judgment rendered against the defendant or
defendants, resident in the county where the action is commenced, judgment shall
not be rendered against those defendants who do not reside in the county, unless
they appear and defend the action.

Sec 3. It shall be the duty of the sheriff or coroner to serve all process of
summons or capias, when it shall be practicable, ten days before the return day
thereof, and to make return of such process to the clerk who issued the same, by
or on the return day, with an indorsement of his service, the time of serving it and
the amount of his fees : Provided, That when such process shall have been directed to
a foreign county, the officer executing the same, may make return thereof by mail ;
and the clerk may charge the postage and tax the amount in his fee bill.

Sec 4. In all suits instituted against any incorporated company in this State, a
summons returned executed on the president thereof, or served by leaving a copy
of the summons with the principal clerk, cashier or secretary of such company, at
his office, within such time and under such regulations as are herein provided
for the service of such process in suits against natural persons, shall be deemed a
sufficient service whereon to ground subsequent proceedings and judgment against
such company, in any court of this State having jurisdiction : Provided, That the
provisions of this section shall not be construed to interfere with any mode of suing
counties, or other corporations specially provided in any statute law of this State.

Sec 5. If it shall not be in the power of such sheriff or coroner to serve such
summons or capias, ten days before the return day thereof, he may execute the
same at any time before or on the return day, but in such case the defendant or
defendants shall be entitled to a continuance, and shall not be compelled to plead
before the next succeeding term.

Sec 6. Whenever it shall appear, by the return of the sheriff or coroner, that
the defendant or defendants are not found, the clerk shall, at the request of
the plaintiff, issue another summons or capias, (as the case may be,) and so on,
until service be had, and the defendant or defendants be summoned or brought into
court, and if such summons or capias be served on any one or more, but not on all
of the defendants, the plaintiff or plaintiffs shall be at liberty to proceed to trial and
judgment, in the same manner as if all the defendants were in court : and any judg-
ment so obtained shall be valid against the defendant or defendants on whom the

Jl 1

H I

<oj had been »« r plaintiff* n

i lummon rial, again&l '

rocess as aforesaid, to cause bin
in t; came w : :zi*dr a party

to such judgmi -°d determine the

, r i:i the ' a» if such defendant or defri*:

ntmmooed <t br

allowed i 'iy j».i>iii. le aft ti

•
eh < ;im-, shall be that the j I
r with lh<
amount of bii i images a" I

. 7. If aai sheriff or i orooet I
lirered, shall i i

day oi 'such prooeee, die ; • intifl r a rule re.

to in. ike rtt urn of *u< h pr<
mil -.\i\ In- should not -r a cont- • the court; and the

plaintiff shall, then • >

sheriff or coroner, ami ii c ' cause b<

ojfeer, the court shall adju
i>h tuoh officer a^ in ot mtcinpt.

Si., s. [f the plaintiff shall not fill <>fthe

natrument of writing or a< Mint • which the
be brought on ■ irritten inetrument or
the lummoni or capmi U made returnable, the court,

shall continue the oauie ail i the plaintiff, u I appear that the

suit arai commenced within t '»ch case the

oanee ihall be continued without trial,

and if no declaration shall be Med ten il
the defendanl shall !><• entitli 1 1

Sm . 9. Th
pending in thami
lies, the oa\j
niih the jn
incuts and
which slu

\( irt**, m w liich shall be
aiM the name of the plaintiff1

f th.- i in i i irts shall ke< of all the oausea

and he shall

Q, M I'll D

I tlu- | >. -. » j»l »• in i\ be .i ]mi-:\ . »

im >. in law in t»r«l» :

stiit - in chancer] : and the

y da) • of the terra •

all - i" for \\

• in w Inch the witn<

eh. ill. from time t>> time, ii

lithe r party, returnable .he cause ia

Bo attend, is Ml for tn d. ..:> ! re! use)

discretion of the com t. i .-■

Hi pending in any circuit court .;h the par-
nail, i s of law and fact in

ml circuit courts shall have po\> ictiee] pending

on, and good and. »uffi< i< i n, ad reasonable i

II indiet-

' and appor-
•oestary . or be

<2

*•-

m

aw

Use

-

PRACTICE. 415

thereof given, to require the parties or either of them, to produce books or writings
in their possession or power, which contain evidence pertinent to the issue ; and it
shall be the duty of the defendant or defendants, in all cases where he, she or they
intend to prove, on the trial, any accounts or demands against the plaintiff or plain-
tiffs, to file with his plea, a bill of the particular items of such accounts or demands,
and no other accounts or demands shall be suffered to be proved to the jury.

Sec. 13. On the appearance of the defendant or defendants, the court may al-
low such time to plead as may be deemed reasonable and necessary, and for want
of appearance, may give judgment by default on calling the cause, except in cases
where the process has not been served, or declaration filed, ten days before the
term of the court ; but all the causes shall be tried or otherwise disposed of in the
order they are placed on the docket, unless the court, for good and sufficient cause
shall otherwise direct. And whenever either party shall apply for the continuance
of a cause on account of the absence of testimony, the motion shall be grounded
on the affidavit of the party so applying, or his, her or their authorized agent, show-
ing that due diligence has been used to obtain such testimony, or the want of time
to obtain it; and also the name and residence of the witness or witnesses, and what
particular fact or facts the party expects to prove by such witness or witnesses ;
and should the court be satisfied that such evidence would not be material on the
trial of the cause, or if the opposite party will admit the fact or facts stated in the
affidavit, the cause shall not be continued.

Sec 14. The defendant may plead as many matters of fact in several pleas as
he may deem necessary for his defence, or may plead the general issue, and give
notice in writing under the same, of the special matters intended to be relied on for
a defence on the trial ; under which notice, if adjudged by the court to be sufficiently
clear and explicit, the defendant shall be permitted to give evidence of the facts
therein stated, as if the same had been specially pleaded and issue taken thereon : and
whenever it shall become necessary for the attainment of justice, to allow a plain-
tiff to reply several matters to the plea of a defendant, or to allow a defendant to
rejoin several matters to the replication of a plaintiff, the court in which the action
shall be pending, on the special application of the party desiring so to reply or rejoin,
may allow the same to be done. But no person shall be permitted to deny on trial,
the execution of any instrument in writing, whether sealed or not, upon which any
action may have been brought, or which shall be pleaded or set up by way of de-
fence or set off, unless the person so denying the same shall, if defendant, verify
his plea by affidavit; and if plaintiff, shall file his or her affidavit denying the exe-
cution of such instrument : Provided, If the party making such denial be prosecuting
or sued as executor or administrator, it shall be sufficient to state in such affidavit,
the belief of the party making the same, according to his or her best knowledge, that
such instrument was not executed by the testator or intestate.

Sec. 15. In all cases where interlocutory judgment shall be given in any action
brought upon a penal bond, or upon any instrument of writing for the payment of
money only, and the damages rest in computation, the court may refer it to the clerk
to assess and report the damages, and may enter final judgment therefor, without a
writ of inquiry, and without impanneling a jury for that purpose; and in all other
actions, when judgment shall go by default, the plaintiff may have his damages
assessed by the jury in court.

Sec. 16. The court may, in its discretion, before final judgment, set aside any
default, upon good and sufficient cause, upon affidavit, upon such terms and condi-
tions as shall be deemed reasonable.

416 PRACTICE.

Sec. 17. All affidavits read in court during the progress of any cause and rela-
ting thereto, shall be filed and preserved by the clerk.

Sec. 18. In actions brought on penal bonds, conditioned for the performance of
covenants, the plaintiff may assign in his declaration as many breaches as he may
think fit, and the jury, whether on trial of the issue or of inquiry, shall assess the
damages for so many breaches as the plaintiff shall prove, and the judgment for the
penalty shall stand as a security for such other breaches as may afterwards hap-
pen, and the plaintiff may, at any time afterwards, sue out a writ of inquiry, to
assess damages for the breach of any covenant or covenants contained in such bond,
subsequent to the former trial or inquiry; and whenever execution shall be issued
on such judgment, the clerk shall indorse thereon the amount of the damages assessed
by the jury, with the costs of suit, and the sheriff or coroner shall only collect the
amount so indorsed : Provided, That in all cases where a writ of inquiry of dama-
ges shall be issued for any such breaches subsequent to the first trial or inquiry, the
defendant, or his agent or attorney, shall have at leastten days' notice, in writing, of
the time of executing the same.

Sec. 19. The defendant or defendants in any action brought upon any contract
or agreement, either express or implied, having claims or demands against the plain-
tiff" or plaintiffs in such action, may plead the same, or give notice thereof under the
general issue, as is provided in the fourteenth section of this chapter, or under
the plea of payment; and the same, or such part thereof as the defendant or defen-
dants shall prove on trial, shall be set off and allowed against the plaintiff's demand,
and a verdict shall be given for the balance due ; and if it shall appear that the plain-
tiff be indebted to the defendant, the jury shall find a verdict for the defendant or de-
fendants, and certify to the court the amount so found ; and the court shall give judg-
ment in favor of such defendant or defendants, for the amount so certified^with the
costs of his defence, and execution shall be issued on such judgment as mother cases,

Sec. 20. In all civil actions, each party shall be entitled to a challenge of three
jurors, without showing cause for such challenge ; and when the jury retire to con-
sider of their verdict, they shall be permitted to take any papers that may have been
used as evidence on the trial.

Sec. 21. If, during the progress of any trial in any civil cause, either party shall
allege an exception to the opinion of the court, and reduce the same to writing, it
shall be the duty of the judge to allow the said exception, and to sign and seal the
same ; and the said exception shall thereupon become a part of the record of such
cause.

Sec. 22. Exceptions taken to opinions and decisions of the circuit courts upon
the trial of causes, in which the parties agree that both matters of law and fact may be
tried by the court, and in appeal cases, tried by the court without the intervention of
a jury, shall be deemed and held to have been properly taken and allowed, and the
party excepting, may assign for error before the supreme court, any decision or opin-
ion so excepted to, whether such exception relates to receiving improper or reject-
in» proper testimony,- or to the final judgment of the court upon the law and evi-
dence.

Sec. 23. Exceptions taken to opinions or decisions of the circuit courts, over-
ruling motions in arrest of judgment, motions for new trials and for continuances of
causes, shall be allowed ; and the party excepting may assign for error any opinion
so excepted to.

PRACTICE. 417

Sec. 24. It shall be sufficient for the jury to pronounce their verdict, by their
foreman, in open court, without reducing the same to writing, and the clerk shall
enter the same in form, under the direction of the court ; and if either party may
wish to except to the verdict, or for other causes, to move for a new trial or in ar-
rest of judgment, he shall, before final judgment be entered, give, by himself or
counsel, to the opposite party or his counsel, the points in writing, particularly
specifying the grounds of such motion, and shall also furnish the judge with a
copy of the same, and final judgment shall thereupon be stayed until such motion
can be heard by the court. But no more than two new trials shall be granted to
the same party in the same cause ; nor shall any verdict or judgment be set
aside for irregularity only, unless cause be shown for the same, during the sitting
of the court at the term such judgment or verdict shall be given.

Sec 25. Whenever an entire verdict shall be given on several counts, the same
shall not be set aside or reversed, if any one or more of the counts be good. But if
one or more counts be faulty, the defendant may apply to the court to instruct the
jury to disregard such faulty counts.

Sec 26. In cases of attachment against absent or absconding debtors, the attach-
ing creditor or creditors shall, on the return of the attachment, or at the term of the
court where the same is made returnable, file a declaration, with a copy of the in-
strument or account on which the attachment was issued, as in other cases ; after
which the cause shall proceed as in other cases ; and if no declaration shall be
filed, the defendant, on entering his appearance, shall have a judgment against the
attaching creditor for costs.

Sec 27. Any person, for a debt bona fide due, may confess judgment by him-
self or attorney duly authorized, without process, and every confession of judgment
whether with or without process, shall operate as a release of all errors in the
entering up of the judgment or making record thereof.

Sec 28. The circuit courts in charging the jury shall only instruct as to the
law of the case.

Sec 29. Every person desirous of suffering a nonsuit on trial, shall be barred
therefrom unless he do so before the jury retire from the bar.

Sec 30. Papers read in evidence, though not under seal, may be carried from
the bar by the jury.

Sec 31. Interpreters may be sworn truly to interpret when necessary.

Sec 32. When judgment shall be arrested for any defect in the record of pro-
ceedings after the first process, the plaintiff shall not be compelled to commence
his action anew ; but th« court shall order new pleadings to commence with the
error that caused the arrest.

Sec 33. Any person holding a bond or note for the direct payment of proper-
ty or money, desiring to put the same in suit, may elect to do so, by filing it with
the clerk of any circuit court having jurisdiction thereof, together with a petition
purporting as follows : " F. Circuit, Set. ; A. B., plaintiff, states that he holds a
bond or note (as the case may be) on the defendant. C. B., in substance as followeth :
(here insert a copy of the bond or note,) yet the said debt remains unpaid ; where-
fore he prays judgment for his debt and damages for the detention of the same,
together with his costs."

Sec 34. If the plaintiff shall hold the bond or note as indorsee, then after re-
citing the bond or note, say " on which is the following assignments, (recite the

27

418 PRACTICE.

assignments,) whereby the plaintiff hath become the proprietor thereof, of which
the defendant hath had due notice."

Sec. 35. A copy of the petition shall be sent out, with a summons annexed
thereto, requiring the defendant or defendants to appear and answer the said de-
mand, which shall be executed by the sheriff, by delivering a copy of the petition
and summons to the defendant, and each of them, if there be more than one.

Sec 36. The said petition shall stand in the place of a declaration : the defen-
dant or defendants may appear and plead, and then an issue may be joined as in
actions of debt on such bond or note ; but if the defendant or defendants shall not
appear and plead, the plaintiff may take judgment by default, and final judgment
as in other cases.

Sec. 37. When a petition shall have been filed according to the provisions of
sections thirty-three and thirty-four of this chapter, and an affidavit to hold to bail,
as herein provided, there shall be issued by the clerk (if he shall be satisfied there
is good cause) a capias and an order to hold to bail, as is now provided by law. In
such cases the affidavit shall be as near as may be in the following form, to-wit :

" State of Illinois, )
County, )
A. B., plaintiff in the above petition, maketh oath and saith that he hath a real
subsisting and unsatisfied cause of action against C. D., the defendant, which is
the same cause of action set out in the above petition, and amounts to the sum of
; and further, that the plaintiff will be in danger of losing his debt, unless
the defendant be held to bail. Signed, A. B.

Sworn to, and subscribed before me, at my office, this day of

E. F., Clerk."

Which affidavit may be made before the clerk of the proper county, or before any
justice of the peace in this State.

Sec 3S. In all cases when a tender shall be made and full payment be offered,
by discount or otherwise, in specie, as the party by contract or agreement ought to
do, and the party to whom such tender shall be made doth refuse the same, and yet
afterwards will sue for the debt or goods so tendered, the plaintiff shall not re-
cover any costs in such suit.

Sec 39. It shall not be necessary to file a declaration in any scire facias to
revive a judgment, or foreclose a mortgage, in any court of record in this State.

Sec 40. The clerks of the several circuit courts shall keep a fee book, in
which shall be clearly and distinctly set down, in items under the proper title, the
costs of each suit, including the sheriff's and witnesses', as well as the clerk's fees,
notino- distinctly what fees have accrued on the part of each party ; which fee
book shall be a public record ; and whenever any suit shall be determined, and
final judgment entered, the costs and charges of each party litigant shall be made
up, and the costs of the prevailing party shall be included in the judgment; and the
clerk shall always send out a bill of such costs with the execution ; and the costs
of the party failing in the suit shall be collected by fee bill, in the manner prescrib-
ed by law.

Sec 41. If any clerk shall issue a fee bill or a bill of costs with the execution,
without first entering the same in his fee book, or if any such bill of costs or fee
bill shall be so issued which shall not be in substance a copy of the recorded bill,
the same shall be void : and any person having paid such bill of costs or fee bill
may recover from the clerk the amount thereof, with costs of suit, in any court
having cognizance thereof: and in every bill of costs to be made and recorded as

PRACTICE. 419

aforesaid, the names of the witnesses shall be stated, with the number of days each
attended at every term.

Sec. 42. It shall not be necessary to insert in the judgment other than the
docket book, the costs of the prevailing party, except in cases where a complete
record shall be required ; but the fee book of the clerk shall be taken and deemed a
part of the record ; subject, however, at all times, to be corrected by the court.

Sec 43. The clerks of the several circuit courts shall provide and keep in
their respective offices, well bound books for entering therein an alphabetical dock-
et of all judgments and decrees rendered in their respective courts ; and it shall
be the duty of said clerks, during every term, or within thirty days thereafter,
to enter in such docket all final judgments and decrees rendered at such term,
in alphabetical order, by the name of the person against whom the judgment
or decree was entered, which shall contain in columns, ruled for that purpose,
the names of the parties, the date, the nature of the judgment or decree, the
amount of the debt, damages and costs, the book and page in which it is entered,
and leaving a blank column or columns for entering a note or memorandum of the
satisfaction or other disposition thereof: and when any judgment or decree shall be
satisfied by execution or otherwise, or shall be set aside, the said clerk shall enter
a memorandum thereof in the column left for that purpose, showing how disposed
of, and the date, book and page where the evidence thereof is recorded ; and such
dockets may be searched by persons at all reasonable times without fee : and every
clerk who shall fail to keep such docket or to enter therein any judgment or de-
cree as aforesaid, shall forfeit and pay a sum, not exceeding one hundred dollars,
nor less than twenty-five dollars, and costs of suit: the one-half to the use of the
county where such court is held, and the other half to the use of any person who
will sue for the same ; to be recovered by action of debt in the circuit court.

Sec. 44. Whenever any sheriff or coroner shall neglect or refuse to make re-
turn of any execution to him directed and delivered, where the same shall be
made returnable, or shall refuse or neglect to pay over any moneys collected on
such execution, the party suing out such execution, on giving to said sheriff or
coroner ten days' notice in writing, of his, her or their intention, may apply to the
next circuit court for relief; and it shall be the duty of such court, on proof, by
affidavit of the delivery of such execution, if the same be not returned, or on
proof that such money has been collected and not paid over, to grant an order
against such sheriff or coroner, requiring him to make immediate return of such
execution ; or if the amount or any part thereof has been collected, to pay over
the same immediately with twenty per cent, thereon from the time of collection
till paid j and on failure of such sheriff or coroner to comply with such order on
demand, and being served with a copy of the order, he shall be judged to be in
contempt, and punished accordingly ; or the plaintiff in such execution may have
judgment for the money with twenty per cent, thereon so collected, and have ex-
ecution as in other cases.

Sec 45. The clerk shall enter in a book, to be kept by him for the purpose,
the return of the sheriff or coroner of all executions, within thirty days after the
same shall be returned under the penalty imposed by the forty-third section of this
chapter.

Sec 46. A party out of term intending to move to set aside or quash any ex-
ecution, replevin bond or other proceedings, may apply to the judge at his chamber
for a certificate, (and which the said judge may in his discretion grant,) certifying

420 PRACTICE.

that there is probable cause for staying further proceedings until the order of the
court on the motion ; and a service of a copy of the certificate at the time of or
after the service of the notice of the motion, shall thenceforth stay all further pro-
ceedings accordingly.

Sec. 47. Appeals from the circuit courts to the supreme court shall be allowed
in all cases where the judgment or decree appealed from be final, and shall amount,
exclusive of costs, to the sum of twenty dollars, or relate to a franchise or freehold :
Provided, Such appeals be prayed for at the time of rendering the judgment or de-
cree, and provided the party praying for such appeal shall, by himself or agent or
attorney, give bond with sufficient security, to be approved by the circuit court,
and filed in the office of the clerk of the circuit court within the time limited by
the court; which bond shall be in a reasonable sum, sufficient to cover the amount
of the judgment appealed from and all costs, and conditioned for the payment of the
judgments, costs, interest and damages, in case the judgment shall be affirmed, and
also for the due prosecution of said appeal; and the obligee in such bond may, at any
time, on a breach of the conditions thereof, have and maintain an action at law as
on other bonds.

Sec 48. The appellant shall lodge in the office of the clerk of the supreme
court, an authenticated copy of the record of the judgment or decree appealed from,
by or before the third day of the next succeeding term of said supreme court, pro-
vided that if there be not thirty days between the time of making the appeal and
the sitting of the supreme court, then the record shall be lodged as aforesaid, at or
before the third day of the next succeeding term of said supreme court, otherwise
the said appeal shall be dismissed, unless further time to file the same shall have
been granted by the supreme court upon good cause shown.

Sec 49. In all cases of appeal and writs of error, the supreme court may give
final judgment and issue execution, or remand the cause to the circuit court, in
order that an execution may be there issued, or that other proceedings may be had
thereon.

Sec. 50. When an appeal or writ of error shall be prosecuted from the judg-
ment of any circuit court of this State, to the supreme court, and said appeal or
writ of error shall be dismissed or the judgment of the circuit court affirmed,
it shall be the duty of the clerk of the circuit court from which said appeal
or writ of error was prosecuted, upon a copy of the order of the supreme court
dismissing said appeal or writ of error, or affirming said judgments being filed
in his office, to issue execution upon said judgment, and to proceed thereon in all
respects, as though no appeal or writ of error had been prosecuted from said judg-
ment.

Sec. 51. In all cases where a judgment or decree shall be rendered in any
circuit court, in any case whatever, either in law or in chancery, against two or
more persons, either one of said persons shall be permitted to remove said suit
to the supreme court by appeal or writ of error, and for that purpose shall be per-
mitted to use the names of all of said persons, if necessary; but no costs shall be
taxed against any person who shall not join in said appeal or writ of error. And
all such cases shall be determined in said supreme court as other suits are, and in
the same manner that it would have been, if all the parties had joined in said ap-
peal or writ of error.

PRACTICE. 421

Sec 52. The supreme court, in case of a partial reversal, shall give such
judgment or decree as the inferior court ought to have given; or remand the cause
to the inferior court for further proceedings, as the case may require.

Sec 53. A writ of error shall not be brought after the expiration of live years
from the passing of the judgment complained of; but when a person thinking him-
self aggrieved by any decree or judgment that may be reversed in the supreme
court, shall be an infant, feme covert, non compos mentis, or imprisoned when the
same was passed, the time of such disability shall be excluded from the computation
of the said five years.

Sec 54. No writ of error shall operate as a supersedeas, unless the supreme
court, or some justice thereof in vacation, after inspecting a copy of the record,
shall order the same to be made a supersedeas, nor until the party procuring such
writ shall file a bond in the manner and with the condition required in cases of
appeals ; when the clerk issuing such writ shall indorse thereon that it shall be
a supersedeas and operate accordingly : and the parties in writs of error shall be
subject to the same judgment and mode of execution, as is provided in cases of
appeals.

Sec 55. Whenever the supreme court shall be equally divided in opinion
on hearing an appeal or writ of error, the judgment of the court below shall stand
affirmed.

Sec 56. Any instrument of writing, to which the maker shall affix a scrawl
by way of seal, shall be of the same effect and obligation, to all intents, as if the
same were sealed.

Sec 57. In all cases of appeals to the supreme court, where the appellant shall
fail to prosecute the appeal, the supreme court shall, upon dismissing the appeal,
enter judgment against the appellant, for not less than five, nor more than ten per
cent, upon the amount of the judgment, for damages, in consequence of the delay oc-
casioned by such appeal.

Sec 58. In cases of appeals to the circuit courts from judgments of justices of
the peace, the appellee shall be entitled to judgment, not exceeding ten per cent,
damages upon the amount of the judgment, if the appeal is dismissed for want of
prosecution, or if the court shall be satisfied that the appeal was prosecuted for pur-
poses of delay.

Sec 59. In actions upon bonds, notes and all other writings made assignable
by law, in the name of the assignee, the plaintiff shall not be held bound to prove
the assignments or the signature of any assignor unless the fact of assignment be put
in issue by plea, verified by the affidavit of the defendant or some credible person,
stating that he verily believes the facts stated in the plea are true.

Approved : March 3, 1845.
[Amended : — See Appendix, Acts Nos. 6 and 20.]

CHAPTER LXXXIV.

PRINTING AND BINDING.

Section

1. Public printer to give bond ; its requirements.

2. Public work to be given to public printer.

3. Journals of General Assembly, how kept; prin-

ter to be furnished with copies of, every
morning ; originals, how disposed of.

4. Secretary of State to give printer copies of laws

and resolutions in ten days after adjournment.

5. Secretary to superintend publication.

6. Laws, how arranged in volume; index, &c.

7. Marginal notes, &c.

8. Forty days allowed printer to complete print-

ing.

9. Two thousand copies of laws, one thousand

each of Senate and House journals and reports
to be published.

10. Prices for printing.

1 1 . Who shall examine printer's accounts.

12. Printer's accounts, when settled ; paper account

to be settled.

Section

13. Secretary to purchase paper.

14. Paper, how contracted for.

15. Proposals to be filed.

16. Bond to be given by contractor for paper.

17. Paper, how paid for.

18. Printer to report to General Assembly.

19. Messages, &c, how printed.

20. Binding, how contracted for, and prices.

2 1 . Secretary to contract for less prices, if possi-

ble.

22. Binder to give bond.

23. When printer shall deliver work to the binder j

when binder shall deliver to the secretary of
State.

24. Printing and binding, how paid for ; distribution

of laws, &c.

25. Penalty, if printer or binder fail to perform

their duties according to law.

Section 1. The public printer shall give bond to the Govern'or, with good se-
curity, previous to entering upon the discharge of the duties of his office, in the
penalty of ten thousand dollars, conditioned that he will faithfully perform and ex-
ecute all the public printing required to be done in pursuance of law, by the direc-
tion of either branch of the General Assembly, or any officer of the State, and that
he will do and perform all other acts and things required, or which may hereafter
be required of him according to law, which said bond shall be approved by the Gov-
ernor and filed in the office of the secretary of State.

Sec 2. All laws, journals, bills, messages, blanks, certificates, circulars
or advertisements of any description, which shall be ordered to be printed by
the legislature of the State of Illinois, or by either branch thereof, or by the
Governor, or by either of the heads of departments, in pursuance of law and the
discharge of their official duties, shall be given to the public printer or printers,
who may, from time to time be elected under the constitution of this State, unless oth-
wise provided by law.

Sec. 3. The journal of each house of the General Assembly, shall hereafter be
kept in well bound books. The secretary of the senate, and clerk of the house of
representatives, shall furnish to the public printer, every morning during each ses-
sion of the General Assembly, a copy of the journal kept by them respectively, of
the day preceding the last day's journal; and the said secretary and clerk shall,
within ten days after the adjournment of each session of the General Assembly,
deposit the original journals kept by them as aforesaid, with the secretary of State.

Sec 4. The secretary of State is authorized and required to cause to be made
out true and accurate copies of all laws, acts and resolutions of the General Assem-
bly, which may be required to be printed ; and such copies so made out, he shall
deliver to the person or persons authorized to print the same, within ten days after
the adjournment of each session of the General Assembly.

PRINTING AND BINDING. 423

Sec. 5. And the secretary of State shall likewise superintend the printing of
such laws, acts and resolutions, carefully comparing the printed copies with the
original laws and rolls deposited in his office, correcting all errors that may appear
in such printed copies ; and shall make and cause to be printed at the end of such
printed copy, his certificate that the acts and resolutions so printed are exact copies
of the rolls in his office.

Sec 6. Such laws shall be arranged in alphabetical order, according to their
subject matter; and prefixed to each volume, there shall be a table of contents, and
at the end thereof, a full and complete index.

Sec 7. Each edition of the laws, required to be published, shall be comprised
in one octavo volume, with marginal notes, and the day on which each act takes
effect shall be stated in tbe margin opposite the table, and the day on which the
same was approved by the council of revision, or when it became a law, in any of
the modes prescribed in the constitution, shall be stated at the end of the act, omit-
ting the name and style of the Governor, and of the speakers of the two houses of
the General Assembly.

Sec. 8. The public printer or printers shall be allowed forty days from the ad-
journment of the legislature to complete the printing of the laws, journals and re-
ports of each session of the legislature.-

Sec 9. There shall be published at the close of each session of the legislature,
two thousand copies of the laws, passed at such session ; one thousand copies of
the journals of the senate; one thousand copies of the journals of the house of rep-
resentatives ; and one thousand copies of the reports of the two houses.

Sec 10. The prices for public printing shall be as follows, to-v/it : For plain work,
fifty-six and one-fourth cents per thousand ems ; for figure work, eighty-four cents
per thousand ems ; and for rule and figure work, one dollar and twelve and a half cents
per thousand ems, for composition ; and fifty-six and one-fourth cents per token for
press work ; for blanks, certificates and circulars for the use of the legislature, and
the several departments of the State government, one dollar for the first quire, and for
each additional quire of the same kind ordered at the same time, seventy-five cents ;
excepting when said blanks contain so much rule and figure work as would de-
mand an additional charge from journeymen for composition ; in which case the
public printer may make an advance of fifty per cent, on the charge of his journey-
men as aforesaid : the paper for such blanks, certificates and circulars to be fur-
nished by the public printer at his own proper cost and charge : and if said blanks,
certificates or circulars, be badly or inaccurately printed, or be printed on paper of -
an inferior quality, the officer ordering the same may refuse to receive the same :
for advertising, the public printer or printers shall receive for every one hundred
words, fifty cents for the first insertion, and twenty- five cents for every subsequent in-
sertion that may be ordered by the officer of government that directs the same to
be published ; and all other editors of papers who may publish such advertisement
by direction of the proper officer, shall receive for their services the same as the
public printer or printers for the same services.

Sec 11. It shall be the duty of the auditor, treasurer and secretary of State to
examine all accounts rendered by the public printer or printers, for work performed
or materials furnished for^he State, which officers shall call to their aid practical
printers whenever they shall not be satisfied that the charges have been correctly
made.

424 PRINTING AND BINDING.

Sec. 12. Immediately after the printing of any session of the General Assembly
shall have been completed, it shall be the duty of the auditor, treasurer and secre-
tary of State, to settle the accounts of the public printer according to the preceding
section, and to ascertain the quantity of paper which has been properly used by the
public printer in the printing for said session, according to the provisions of the
preceding section.

Sec. 13. Thereupon the secretary of State shall cause an advertisement to be
published three times in the newspaper published by the public printer, and in
some newspaper published at each of the following places, to-wit: St. Louis, Lou-
isville, Pittsburgh, Philadelphia, New York and Boston ; the third insertion of such
advertisement to be at least one month previous to the time appointed for receiving
proposals; said advertisement shall specify the quantity, size and quality of paper
which will be required for the public printing, the time and place of delivering the
same, and the time when, and the place where, sealed proposals will be received
for furnishing the same. The quantity of paper to be furnished, shall be ascertain-
ed by adding one-fourth to the quantity used for the printing of the preceding ses-
sion of the legislature, and deducting from the whole amount the quantity of surplus
paper remaining in the hands of the public printer for the time being.

Sec. 14. At the close of the period for said advertisement, the secretary of
State shall, in the presence of the auditor and treasurer, open all the proposals he
may have received, and thereupon shall accept the proposal of the lowest respon-
sible bidder, and immediately notify such bidder of such acceptance.
Sec. 15. The secretary of State shall file such proposal in his office.
Sec. 16. The person receiving the contract for furnishing the paper for the use
of the State, shall, at the time of the execution of such contract, give bond to the
Governor, in the penalty of ten thousand dollars, conditioned that he will faithfully
furnish and deliver the said paper in kind, quality and quantity, at the times, places,
and upon the terms mentioned in said contract ; and that he will, in all respects,
comply faithfully with the provisions of such contract, and of the law by virtue of
which such contract shall have been made, which said bond shall be approved by
the secretary of State, auditor and treasurer, and filed in the office of the secretary
of State.

Sec. 17. Upon the delivering of the paper in pursuance of, and according to
such contract, the auditor with the concurrence of the secretary of State and treas-
urer, shall draw his warrant in favor of such contractor for such sum of money as
he shall be entitled to therefor.

Sec 18. The public printer shall, within the first wTeek of each session, re-
port to the legislature the amount of work done by him, the nature of said wrork,
the amount of money received therefor ; and the amount and quality of paper used
by him as public printer since the commencement of the preceding session of the
General Assembly.

-Sec 19. In printing messages, reports and other documents ordered by either
branch of the General Assembly, or in pursuance of any law or resolution of the
legislature, the State printer may place a title at the top of the first page of every
such document, but shall dispense with a title page, and with all unnecessary blank
pages : Provided, That a title page shall be prefixed to the volume of reports, and
to the journals of the General Assembly.

Sec 20. It shall be the duty of the secretary of State, after having given six
weeks' notice, to be published in one of the newspapers printed at the city of

PRINTING AND BINDING. 425

Springfield, and one at the city of Chicago, of the time of letting the folding, stitch-
ing and binding, to contract -with some responsible book binder or binders, who
reside in this State, before the commencement of each regular or special session of
the General Assembly of this State, to do the folding, stitching and binding of the
approaching session, consisting of reports, journals and laws, in the following man-
ner and at no greater prices than those annexed, to-wit : For folding, stitching and
covering with blue paper, and cutting the edges of the journals, three and one-half
cents for each one hundred pages in the volume; for folding and stitching reports,
two cents for each one hundred pages in the volume ; for binding laws and journals
and reports for secretary's office, with leather backs and paper sides, when the num-
ber of pages do not exceed one hundred and fifty, twelve and one-half cents for
each one hundred pages ; when the volume of laws contains over one hundred and
fifty pages, the price shall be ten cents for each one hundred pages of the volume.
Sec 21. The secretary of State is hereby required and authorized to contract
for the binding in the preceding section specified, at less prices therein named, if in
his power so to do.

Sec. 22. It shall be the duty of the public binder or binders, to give bond with
sufficient security, to be approved by the Governor, in the penal sum of ten
thousand dollars for the faithful performance of his or their contract, agreeable to
law.

Sec 23. It shall be the duty of the public printer or printers to deliver to the
public binder or binders, each form of the laws and journals, dry and in good order
as fast as they are printed : and after the last form of the laws is so printed and
delivered, the said binder or binders shall bind and deliver to the secretary of State
one thousand copies of the laws, in fifteen days, and at the rate of one thousand
copies every twelve days afterwards, (Sundays excepted.) Also, after the last
form of the journals are delivered to said binder or binders, they shall do them up
as above specified, and deliver at the rate of one thousand copies every ten days,
(Sundays excepted.)

Sec 24. On the fulfilment of any contract for binding, folding, stitching or dis-
tributing the laws of this State, the secretary of State shall certify the fact to the
auditor of public accounts, who shall issue his warrant on the treasurer for the sum
due such person for such binding, folding, stitching or distributing.

Sec 25. If the public printer shall fail to print the laws and journals within
the time limited by law, or if the binder shall fail to have the laws and journals
bound within the time limited, it shall be the duty of the secretary of State, to state
in the certificate which he is required to give to such printer, the time at which
such laws and journals shall have been printed, and the time at which the binding
should have been completed, and the time at which the said printing was completed j
and the auditor shall thereupon deduct from the price of such printing, if the failure
be in the printing, or if the failure be in the binding, deduct from the price of such
binding, six per cent, per week, on the price of the printing or binding, as the case
may be, and issue his warrant on the treasury for the sum due such printer or
binder, after making the deductions aforesaid.

Approved : March 3, 1845.

CHAPTER LXXXV.
PROBATE COURT

Section

1 . Probate court established in each county, con-

sisting of one officer.

2. Probate justices, to be elected in same manner

as justices of the peace.

3. How elected ; to be sworn ; to keep offices at

county seats.

4. Powers and jurisdiction as justices of the

peace ; appeals, certiorari, &,c.

5. Jurisdiction when executors, &c, are parties,

to extend to one thousand dollars.

6. Additional powers, as courts of probate, par-

ticularly defined.

7. How proceedings made matters of record, and

used as evidence.

8. Probate court to sit once in each month ; to

have seal; process; record to be kept; books,
&c, how paid for.

9. Matters of law and fact, how determined ; ap-

peals, &c.
10. Proceedings of probate court to be reported to

Section

next circuit court ; when to become matters
of record.

11. Private seal, when may be used.

12. Administrators and executors may be sued on

their bonds, in probate court.

13. Books, records, &c, how to be kept; entries,

&.C., to be made.

14. Power of probate to enforce process; duty of

officer serving same, and his fees.

15. Account and record books.

16. Process, &c, to be issued in the name of the

people tested, sealed, &c.

17. Power as to proof and administration of wills,

&c.
IS. If office become vacant, how filled.

19. Fees of probate justice.

20. Appeals allowed from acts of probate justice,

ministerial as well as judicial.

21. Jury trial secured to parties.

Section 1. There shall be and remain, as now established, in each county of
this State, a court of probate, to be composed of one officer, to be styled a probate
justice of the peace.

Sec. 2. Such probate justices of the peace, shall be elected at the general elec-
tions to be held in their respective counties, as provided by law, in the same man-
ner as provided for the election of other justices of the peace, and shall hold their
offices for the term of two years, and until their successors shall be elected and
qualified.

Sec 3. The election of such probate justices of the peace shall, in all respects,
be conducted and returns thereof made, in the manner provided or to be provided
by law in the case of the election of justices of the peace. The said probate justices
of the peace so to be elected under the provisions of this chapter, shall hold and
keep their offices at the county seats of their respective counties, and shall take
the same oath, in the same manner, and give like bond and security as are required
of other justices of the peace.

Sec. 4. Said probate justices of the peace are hereby vested with the same
powers and jurisdiction in civil cases which are or shall be conferred by law upon
other justices of the peace, and in the exercise of said powars and jurisdiction, the
rules of law which are or shall be applicable to ordinary justices of the peace, shall
be applicable to the probate justices of the peace hereby created, and to all proceed-
ings before them, growing out of such power and jurisdiction ; and appeals may be
taken from, and writs of certiorari prosecuted upon their judgments rendered under
the power conferred in this section in the manner provided in case of similar
judgments rendered by justices of the peace.

PROBATE COURT. 427

Sec 5. The said justices of the peace hereby created, shall also have jurisdic-
tion of all cases of debt and assumpsit, express or implied, where executors or ad-
ministrators shall be parties, plaintiff or defendant, and when the amount on either
side claimed to be due shall not exceed one thousand dollars.

Sec 6. In addition to the judicial powers conferred in the preceding sections,
the said probate justices of the peace shall have, possess, and exercise within their
respective counties, the following ministerial powers, to-wit:

1st. Power to administer all oaths or affirmations concerning any matter or thing
before them :

2d. To issue and grant letters of administration, letters testamentary and letters
of guardianship, and repeal the same :

3d. To take probate of wills, and record the same :

4th. To determine the person or persons entitled to letters of administration, or
to letters testamentary, and in general, to do and perform all things concerning the
granting of letters testamentary, or of administration, or of guardianship, which the
judge of probate may do by the existing laws :

5th. To receive, file and record inventories, appraisement bills and sale bills, as
is required by the existing laws :

6th. To require executors, administrators and guardians, to exhibit and settle
their accounts, and to settle for the estates and property in their hands, and for that
purpose they may issue citations and attachments into every county in this State,
to be executed by the sheriffs of the said counties :

7th. To do and perform all other acts of a ministerial character which the judges
of probate are now authorized to perform in their respective counties :

8th. To take and certify acknowledgments and proofs of deeds and other instru-
ments ; to take affidavits and depositions ; and to administer oaths, to the same ex-
tent and with like effect, as other justices of the peace.

Sec 7. If it should become necessary to use copies of fhe proceedirgs had
before such probate justices of the peace under the ministerial powers aforesaid,
or any of them in any other State or territory, the parties interested therein may
procure a transcript thereof, and, on motion, the same may be filed in the clerk's
office of the circuit court, and shall be considered a matter of record in said court,
and copies thereof may be certified as other records of said court are or may be.

Sec 8. The said courts shall sit in their respective counties throughout this
State, on the first Monday in every month, and at such other times as extraordin-
ary circumstances may require, and continue open until all the business pend-
ing before them shall be disposed of. The said courts shall each have a seal, and
may issue all process necessary under the hand and seal of the probate justice, and
all such process shall bear date when issued : the said probate justice shall record
all his proceedings at length, in a book or books, by him for that purpose furnished :
for all necessary books so furnished, the respective county commissioners' courts
shall allow the said probate justice, a reasonable compensation, to be paid out of the
county treasury.

Sec 9. All matters of law and of fact shall be determined by said court, when
properly before it ; and in all cases, an appeal or writ of certiorari shall lie to the
circuit court of the county, to be prosecuted in the same manner as appeals and
writs of certiorari are prosecuted from the decisions of other justices of the peace.

Sec 10. The said probate justices of the peace are hereby vested with all the
judicial powers usually exercised by former judges of probate, but in all cases of

428 PROBATE COURT.

the exercise of such judicial powers, they shall report their proceedings therein to
the next term of the circuit court of their respective counties on the first day there-
of, for approval or rejection of such circuit court ; and if such proceedings shall be
approved by the circuit court, the same shall be considered as a matter of record in
said court.

Sec. 11. Letters of administration, letters testamentary, and all process, certifi-
cates and all other papers, made or issued by probate justices of the peace, to which
the private seal of such justice is or may be affixed, because of their being no pub-
lic seal, shall be as valid, to all intents and purposes, as though a public seal had
been used.

Sec 12. Administrators and executors, and their sureties may be sued on their
bonds in the probate court, subject to the limitation contained in section five of this
chapter, and the proofs and proceedings shall be as in ordinary cases.

Sec. 13. The probate justices of the peace shall make, keep and preserve com-
plete records of all wills, testaments and codicils, and the probate thereof, all letters
testamentary and of administration, and all bonds taken of executors or administra-
tors, and shall file and preserve the originals of the aforesaid papers, and all inven-
tories, appraisements, sale bills and other exhibits, presented to and received by
said courts, appertaining to the administration and settlement of estates : and shall
enter on their order books the amount of all such inventories, appraisements, sale
bills and other exhibits, under a proper heading for easy reference : and shall enter
upon their books of record all matters, controversies and suits, that shall arise for
decision or adjudication before them, with the names of the parties, and the judg-
ment or opinion of the court, in order that there may be no difficulty in taking ap-
peals.

Sec 14. The probate justices of the peace shall have power to issue all pro-
cess necessary to enforce the judgments and decrees of said court, which process
shall be directed to the sheriff or to any constable of the county. And any sheriff
or constable, to whom such process shall be directed, is hereby authorized and re-
quired to execute the same, and they shall be entitled to the same fees as are al-
lowed for serving like process issued by a justice of the peace.

Sec 15. The probate justices of the peace shall provide well bound books, and
enter therein the accounts of executors and administrators, so as to make the same
complete records of all accounts allowed, and all settlements of estates made in said
courts.

Sec 16. All letters testamentary, letters of administration, either with or with-
out the will annexed, letters of administration to collect, and de bonis non; writs,
summonses, citations, subpoenas, and all other processes which may at any time be
made or issued by the justice of probate, in the discharge of his official duties shall
be made and issued in the name of the people of the State of Illinois, bear teste in the
name of such probate justice, and be sealed with the seal of the said court of
probate.

Sec 17. The probate justices in each county in this State shall have jurisdic-
tion and authority to hear and determine all causes, matters and controversies tes-
tamentary, which shall be brought before them, touching the proof of wills, testa-
ments and codicils, and may grant probate thereof; and shall hear and determine the
right of administration of estates of persons dying intestate ; and to do all other
things touching the granting of letters testamentary, and of administration, and the
settlement of estates.

QUO WARRANTO. 429

Sec. 18. When any probate justice of the peace shall die, resign, refuse to
qualify, or be removed from office, or the office shall in any way become vacant,
such office may be filled by a special election to be called and held in the same man-
ner as in the case of justices of the peace. And if any probate justice of the peace
shall refuse to qualify and give bond, in manner and within the time specified in
case of other justices of the peace, the office shall in like manner be deemed
vacant.

Sec 19. The probate justices of the peace, when acting as ordinary justices
of the peace, shall be entitled to the fees allowed by law to justices of the peace
for similar services, and when acting under the powers usually exercised by
judges of probate, they shall be allowed such fees as shall be from time to time
allowed by law.

Sec 20. Appeals may be taken from all judgments, decrees and decisions ren-
dered by probate justices of the peace, while acting in the capacity of judges of
probate, whether such acts be performed in their judicial or ministerial character ;
such appeals to be taken and prosecuted in the same manner, and with like effect
as appeals from the judgments and decisions of other justices of the peace.

Sec 21. Parties litigant, in suits before such probate justices of the peace,
whether acting as courts of probate or justices of the peace, shall be entitled to trial
by jury, as is provided in suits before other justices of the peace.

Approved : March 3, 1845.

[Amended: — See Appendix, Acts Nos. 21 and 22.]

CHAPTER LXXXVI.

QUO WARBANTO.

Section

1. Persons usurping office, franchise, &c, to be
proceeded against by quo warranto; rights of
several may be tried in one information ; pro-
ceedings to be had of same term at which in-

Secti on

2. Party found guilty to be ousted, fined and mulc-

ted in costs.

3. Court may allow time for pleading, &c.

4. Appeals to be allowed, on terms ; writ of error,

formation is filed. &c., to operate as a stay of proceedings.

Section 1. In case any person or.persons shall usurp, intrude into, or unlaw-
fully hold or execute, any office or franchise, it shall and mav be lawful for the at-
torney general, or the circuit attorney of the proper circuit, with the leave of any
circuit court, to exhibit to such court, one or more information or informations, in
the nature of a quo warranto, at the relation of any person or persons desiring to
sue or prosecute the same, who shall be mentioned in such information or informa-
tions, as the relator or relators against such person or persons so usurping, intru-
ding into, or unlawfully holding or executing any such office or franchise, and to
proceed therein, in such manner as is usual in cases of informations in the nature of
quo warranto. If it shall appear to said court that the several rights of divers per-
sons to the same office or franchise, may properly be determined on one informa-

430 QUO WARRANTO.

tion, it shall and may be lawful for the said court to give leave to exhibit one such
information against several persons, in order to try their respective rights to such
office or franchise ; and such person or persons against whom such information or
informations in the nature of a quo warranto shall be sued or prosecuted, shall ap-
pear and plead, as of the same term in which the said information or informations
shall be filed, unless the court shall give further time to such person or persons
against whom such information or informations shall be exhibited, to plead ; such
person or persons, who shall sue or prosecute such information or informations,
shall proceed thereupon with the most convenient speed that may be.

Sec. 2. In case any perscn or persons against whom any such information in
the nature of a quo warranto, shall, in any of the said cases, be exhibited as afore-
said, shall be found or adjudged guilty of any usurpation or intrusion into, or un-
lawfully holding and executing any office or franchise as aforesaid, it shall and may
be lawful for the said courts, as well to give judgment of ouster against such person
or persons, of and from any of the said offices or franchise, as to fine such person or
persons, respectively, for his or their usurping, intruding into or unlawfully hold-
ing and executing any such office or franchise ; and also to give judgment that the
relator or relators in such information named, shall recover his or their costs of such
prosecution ; and if judgment shall be given for the defendant or defendants in such
information, he or they for whom such judgment shall be given, shall recover his or
their costs therein expended, against such relator or relators.

Sec 3. It shall be lawful for the court in which any information as afore-
said shall be exhibited, to allow to the relator or relators, and the defendant or de-
fendants such convenient time to plead, reply, rejoin, or demur, as to said court
shall seem just and reasonable.

Sec 4. Appeals may be taken from the decision of the circuit court, upon such
terms as the said circuit court shall prescribe ; or writs of error may be prosecu-
ted whenever the supreme court, or any of the judges thereof in vacation, upon
being presented with a copy of the record, shall certify that there is reasonable
cause for the bringing such writ : The said supreme court, or judge in vacation,
may impose such terms and conditions upon the party wishing to prosecute such
writ of error, as to the said court or judge may seem reasonable and just. The al-
lowance of a writ of error shall operate, after notice thereof, as a stay of proceed-
ings in the circuit court, until the determination. But writs of error without super-
sedeas, shall issue as writs of right, as in other cases.

Approved : March 3, 1845.

CHAPTER LXXXVII.

EECOEDS AND KECOEDERS.

Section

1. County recorders, how elected; term of office.

2. Elections, how conducted ; commission.

3. To give bond; its condition.

4. Elections; vacancies, how filled; contested

elections, how decided.

5. When recorder may appoint deputy ; to keep

office at county seat, or it shall be vacant.

6. Recorder fined for entering upon duties with-

out giving bond, but acts valid.

7. Recorder to keep book; what he shall enter

therein.

Section

8. Books to be provided by county.

9. Transcript of old records in Randolph county to

be evidence; fees for furnishing copies.

10. Officer refusing to deliver records, papers, &c,

to be compelled by summary process.

11. Officer executing warrant in such case may break

open doors, &c. ; his powers and liability.

12. Party aggrieved, may apply to a judge for an ex-

amination, who may cite parties to appear, and
may decide the matter.

Section 1. County recorders shall be elected in the several counties of this
State on the first Monday in August, on the expiration of the terms of those now
in office, and every two years thereafter. When so elected, they shall continue in
office for the term of two years, and until their successors are elected and qualified.

Sec. 2. The election of county recorders shall, in all things, be conducted, and
returns thereof be made to the office of the secretary of State, as provided by the
chapter regulating elections ; and upon such election being made, the Governor
shall commission such county recorder, to continue in office for two years ; which
commission shall be transmitted by the secretary of State to the clerk of the county
commissioners' court of the proper county, and it shall be the duty of said clerk
to give immediate notice to such recorder of the receipt of his commission.

Sec. 3. County recorders, previous to entering upon the duties of their office,
shall enter into bond to the people of the State of Illinois, each with one or more suffi-
cient sureties, in a bond of five hundred dollars, conditioned for the true and faith-
ful execution of the duties of his office, and to deliver up the records and other
writings belonging to his office, safe and undefaced, to his successor in said office :
which said bond shall be filed in the office of the clerk of the county commis-
sioners' court, and there safely kept, in order to be made use of, for making sat-
isfaction to the parties that shall be damnified or aggrieved, as is or shall be in
such cases directed by law. The securities to such bonds shall be approved by the
county commissioners' courts of the respective counties for which said recorders
are elected.

Sec. 4. The election for county recorders shall be held at the same times and
places, and conducted in all respects as elections of county commissioners ; and all
vacancies shall be filled in the same manner 5 and all contested elections for recor-
ders shall be decided as in other cases. And in case of a contested election be-
tween two or more persons who shall have been voted for, for the office of county
recorder, a commission shall not issue until such contest shall have been duly de-
cided according to law.

Sec. 5. County recorders may appoint deputies only when they shall be dis-
abled by sickness or other bodily infirmity. They shall keep their offices at the

432 RECORDS AND RECORDERS.

seat of justice of the counties respectively, and on a neglect, or a refusal to do so,
the county commissioners' court may declare the same to be vacant.

Sec 6. No recorder shall enter upon or officiate in his said office, before he
hath given such security, as is provided in section three, upon pain of forfeiting the
sum of one hundred dollars, one-half to the State, and the other half to him or
them that shall sue for the same, to be recovered as aforesaid : but no record made
by him shall be vacated or so avoided as to operate against the parties to the instru-
ment recorded, by reason of such recorder not giving such bond.

Sec 7. Every recorder shall keep a fair book, in which he shall immediately
make entry of every deed or writing brought into his office to be recorded, men-
tioning therein the date, the parties and the place where the lands, tenements or
hereditaments granted or conveyed by the said deed or writing are situate, dating
the entry on the day on which such deed or writing was brought into his office, and
shall record all such deeds and writings in regular succession, according to the pri-
ority of time of their being brought into said office ; and shall also make and keep a
complete alphabetical index to each record book, showing the page on which each
instrument is recorded, with the names of the parties thereto : he shall give a receipt
to the person bringing such deed or writing to be recorded, bearing date on the
same day as the entry, and containing the abstract aforesaid, for which entry and
receipt he shall be entitled to no fee or compensation whatever.

Sec 8. It shall be the duty of the county commissioners' courts to provide the
county recorders of their respective counties with well bound books necessary to
the execution of the duties of their offices, to be paid for out of the county treasuries.

Sec 9. All copies and transcripts of the ancient books, records and papers,
bearing date prior to the thirteenth day of July, in the year of our Lord one thou-
sand seven hundred and eighty-seven, now in the office of the recorder of the
county of Randolph, which may be made by the said recorder, from the said papers
or records, and attested by him, shall be as authentic in any court of record in this
State as if given by the secretary of State ; and the said recorder shall be entitled
to the same fees for such copies, transcripts and attestations, as he is now entitled
to by law for the performance of similar services.

Sec 10. If any person, whose office has become vacated or determined, or his
executors or administrators, shall neglect or refuse to deliver over any record, book,
paper, document or other article of public property, when thereto lav/fully required
by the successor to such officer or other person entitled to the custody thereof, it
shall and may be lawful for any judge of the supreme or circuit court of the pro-
per county, upon the affidavit of any competent person, setting forth proper facts,
to issue his warrant, directed to the sherilf or coroner of the proper county, com-
manding him to seize all the records, books, papers, documents and other public
property belonging or appertaining to the said officer, and deliver the same to the
person entitled to the custody thereof, to be named in such warrant.

Sec 11. It shall be lawful for the officer executing any warrant issued as afore-
said, to break open any doors, trunks or places in which any of the records, books,
papers, documents or other public property, in such warrant commanded to be seized
and secured, may be concealed, or in which he may suspect them to be ; and in
case of resistance, to arrest any person or persons who may resist the execution
of such warrant, and to carry him, her or them before some judge or justice of
the peace, to be dealt with as other persons obstructing the execution of such
process ; and the officer executing such warrant, may call to his assistance the

REPLEVIN.

433

power of the county, in the same manner as in the execution of other process.
And any officer to whom any such warrant may be directed and delivered, who
shall neglect or refuse to execute and return the same according to law, or other-
wise fail to perform any of the duties herein required of him, shall forfeit and pay
a sum, not exceeding one thousand, nor less than one hundred dollars, to be recov-
ered by indictment, to the use of the county, in any court of competent jurisdiction.

Sec. 12. It shall be lawful for any person who may think himself aggrieved
by the issuing of any warrant as aforesaid, to apply to any judge of the supreme
or circuit court of the proper county, who, if he be satisfied, upon the affidavit of
the applicant, that there is good cause to believe that injustice has been, or is about
to be done, under, or by virtue of such warrant, shall issue a citation to all persons
interested therein, commanding them to appear before such judge, at a place and
time to be in such citation named, which shall be executed by the sheriff or coroner
as process issued by the supreme or circuit court. And the judge shall have the
power to enforce obedience to such citation by attachment, to be issued by him, and
shall have power to proceed in a summary way, and determine according to right
and justice, and may issue his warrant for the restoration of any book, record,
paper, document or other article of property, which shall appear to him to have
been improperly seized or delivered over ; which warrant shall be executed in the
same manner, and the officer to whom it is directed shall have the same powers,
and be liable to the same penalties for neglect of duty, as upon other warrants
issued under the provisions of this chapter.

Approved : March 3, 1845.

[Amended : — See Appendix, Acts Nos. 23 and 24.]

CHAPTER LXXXVIIL

REPLEVIN.

Section

1. Replevin may be maintained for goods wrong-

fully taken or detained.

2. In what cases action of replevin will not lie.

3. Plaintiff to make oath; its contents.

4. Plaintiff to give bond to the sheriff

6. Proceedings to be by plaint and summons.

Section

6. Judgment in case plaintiff fails ; in case he suc-

ceeds.

7. Who may sue on bond, if breach be made.

8. If sheriff fail to take bond, he shall be liable.

9. Avowry and cognizance, in cases of distress for

rent.
10. When oath may state belief of defendant.

Section 1. Whenever any goods or chattels shall have been wrongfully dis-
trained, or otherwise wrongfully taken, or shall be wrongfully detained, an action
of replevin may be brought for the recovery of such goods or chattels, by the owner
or person entitled to their possession.

Sec 2. No action of replevin shall lie at the suit of the defendant in any exe-
cution or attachment, to recover goods or chattels seized by virtue thereof, unless
such goods and chattels are exempted, by law, from such execution or attachment ;
nor shall an action of replevin lie for such goods and chattels at the suit of any other
28

434 REPLEVIN.

person, unless he shall, at the time, have a right to reduce into his possession, the
goods taken.

Sec. 3. The person or persons bringing such action, or some one in his, her or
their behalf, shall, before any writ shall issue, make oath or affirmation before the
clerk of the circuit court, or any justice of the peace of the proper county, that the
plaintiff in such action is the owner of the property described in the writ and about
to be replevied, or that he is then lawfully entitled to the possession thereof; and
that the same has not been taken for any tax, assessment or fine, levied by virtue
of any law of this State ; nor seized under any execution or attachment against the
o-oods and chattels of such plaintiff, liable to execution or attachment.

Sec 4. Before the execution of any writ of replevin, the party suing out such
writ, shall give bond to the sheriff, with good and sufficient security, in double the
value of the property about to be replevied, conditioned that he or they will prose-
cute such suit to effect, and without delay, and make return of the property, if re-
turn thereof shall be awarded, and save and keep harmless the said sheriff in re-
plevying such property ; and the sheriff shall thereupon serve such writ, and de-
liver the property therein mentioned to the party suing out such writ.

Sec 5. The proceedings in an action of replevin shall be commenced by plaint,
with a summons to the defendant, in which shall be stated a description of the prop-
erty to be replevied, and the sheriff shall return the bond by him taken together
with the writ, to the clerk who shall file the same.

Sec 6. If any plaintiff in the action of replevin shall fail to prosecute his suit
with effect and without delay, or shall suffer a nonsuit or discontinuance, or if the
riffht of property shall be adjudged against him, the court shall give judgment for a
return of the property taken, and damages for the use of the property from the time
it was taken until return thereof shall be made ; and if judgment be given for the
plaintiff he shall recover damages for the detention of such property while in the
possession of the defendant ; and the damages in either case shall be assessed by
the iury in case of a trial 5 but if the plaintiff shall not prosecute his suit, or if
iudement shall in any manner be given for the defendant, without a trial, the dam-
ages in such case may be assessed by the court, on hearing such testimony as may
be offered on the subject.

Sec 7. If at any time the condition of the bond required by the fourth section
of this chapter shall be broken, the sheriff, or plaintiff in the name of the sheriff to
his own vise as the case may be, may sue and maintain an action on such bond, for
the recovery of such damages as may have been sustained in consequence of the
breach of such condition.

Sec 8. If any sheriff shall fail to take and return a bond, as required by the
fourth section of this chapter, or shall return an insufficient bond, such sheriff shall
pay to the party injured, all damages wrhich he may sustain or be put to, in conse-
quence of such neglect; to be recovered by an action on the case in the circuit

court.

Sec 9. It shall be sufficient for the defendant, in all cases of replevin for dis-
tress taken for rent, to avow -or make cognizance generally, without particularly
setting forth the tenure or title to the lands whereon such distress was taken.

Sec 10. When the oath required in section three, is made by another in behalf

of the claimant, it shall be sufficient to state that he believes the facts stated in such

affidavit to be true.

Approved : March 3, 1845.

CHAPTER LXXXIX.

EEVENUE.

Section

1. AU property, real and personal, to be taxed.

2. What considered « real property."

3. What considered « personal property. "

4. What property exempt from taxation.

5. Lands reserved by Indian treaty taxable from

date of treaty.

6. Stock or exchange brokers to obtain license

from county commissioners' court; penalty
for failing to obtain license before first of May.

7. Hawkers and peddlers to be licensed, and by

whom; tax therefor; penalty for peddling
without license, and how recovered ; who ex-
empt from penalty imposed herein.

8. Countji tax of not exceeding four mills on the

dollar may be levied by county commissioners'
courts at their March terms ; county tax to be
lien on property taxed.

9. What kind of funds receivable for revenue.

10. Minimum. .value of lands to be three dollars per

acre.

11. Auditor to obtain from United States land offi-

ces, abstracts of lands sold, containing des-
criptions, &c, with maps.

12. To transmit to county clerks, lists of such lands,

annually.

13. County treasurer to be assessor, ex officio; to

be sworn; form of oath; if treasurer do not
qualify, his office deemed vacant, and filled as
in other cases ; treasurer to keep his office at
county seat; if he do not, his office to be va-
cant.

14. Clerk to deliver to assessor a list of taxable

lands and town lots, &c. ; shall add thereto,
auditor's list of lands becoming taxable for
that year ; also, list of delinquent lands sold
to State.

15. Assessor to make out lists of taxable property;

form of list ; lands belonging to State not in-
cluded.

16. Assessor to take value of property, may require

from owner, statement of property under oath;
manner of entering in assessment in book;
unimproved lands assessed in blocks.

17. If owner of land can not be found, it may be as-

sessed in name of patentee.

18. Penalty for giving false list of property.

19. Non-resident lands, once listed, need not be re-

listed unless divided.

20. Real property omitted by mistake, may be sub-

sequently listed for the whole time, charged
with arrears and costs ; clerk of county court
may also list lands, and have them charged ac-
cordingly.

21. Assessment to be completed by first Monday of

August, and returns, &c, made to county
clerk.

22. Clerk to return lists of forfeited lands and town

lots to the auditor, and to collector, by the se-
cond Monday of September.

23. Assessor to add up the total valuation and tax.

24. Clerk to return amount of State tax to the audi-

tor, who shall charge it to the collector.

Section

25. Shall also return list of aggregate State and

county taxes levied in his county, stating rate
of taxation.

26. If valuation of assessor be too high, court, on

application of aggrieved party, may reduce it.

27. Sheriff to be ex officio collector ; if he fail to

qualify as such, his office to be vacated.

28. Collector shall give bond; form thereof; shall

be sworn, &c.

29. Bond to be recorded, and transmitted to office of

secretary of State ; record thereof to be evi-
dence.

30. Auditor may prosecute bonds of delinquent col-

lectors.

31. Lists of taxable property to be delivered to col-

lectors.

32. Collectors, on receiving lists shall proceed to

collect.

33. When lien for taxes shall attach; its effect; sale

of property not to divest lien.

34. If owner of property be not at home, collector

may leave notice.

35. If tax remain unpaid ten days after demand, col-

lector may levy on and sell property; personal
property to be first sold.

36. Collector to sell, after giving ten days' notice.

37. Sale to be by public auction.

38. Fees of collectors.

39. General power of collectors, and of county com-

missioners' courts, to collect delinquent taxes.

40. If taxes be twice paid, duty of officers.

41 . When tax is paid, collector to make entry and

give receipt.

42. Funds, what land receivable for State revenue.

43. Revenue to be paid into State treasury by first

Monday of March.

44. County revenue to be paid in monthly; final set-

tlement to be by first day of June ; county or-
ders and jury certificates to be paid in and
cancelled.

45. At June term, collector shall return sworn state-

ment of taxes not collectable, which shall be
examined by the county commissioners' court;
collector to be credited with the amount of
such uncollectable taxes.

46. If personal property can not be found out of

which to collect tax, real estate may be return-
ed to circuit court ; form of such return.

47. Collector to advertise previous to such applica-

tion ; publication, how made ; what it shall
contain ; shall fix day of sale ; advertisement
to be deemed sufficient notice ; proviso as to
publication.

48. Collector not to be credited with uncollected

taxes, unless he hath used proper diligence.

49. Printer to transmit copies of paper containing

advertisement to certain officers.

50. Collector to sell such lands, on the day adver-

tised for.

51. Person bidding tax for least quantity of land, to

be the purchaser.

436

REVENUE.

Section

52. Sale continued Atil such lands are sold.

53. Purchaser refusing to pay, land to be re-sold.

54. Delinquent list to be fded five days before term

of circuit court.

55. When no costs paid.

56. Advertisement, with proof of due publication

to be tiled in circuit court.

57. Report and certificate to be recorded in circuit

court ; report to be docketed ; form of entry
thereof.
68. If no defence be interposed, court may render
judgment and order sale ; form of order of
sale.

59. Form to be pursued, &c.

60. Clerk to deliver copy of report, with the order

of court to collector, which shall be deemed
process for sale of the lands ; sale of lands
and return thereof.

61. Tax may be paid at anytime before sale ; col-

lector to make report of such payment.

62. In description of lands, letters and figures may

be used.

63. County commissioners' clerk to attend sale

and keep record thereof; unsold lands stricken
off to the State.

64. Certified record and list of forfeited lands, to be

forwarded to auditor.
60. Penalty, if clerk fail to attend sale of lands.

66. Collectors to make payment into State treasury

in thirty days ; into county treasury in ten
days ; county orders, when paid in.

67. Purchaser of lands to receive certificate, &c.

65. Certificate assignable.

69. Real estate, how may be redeemed; rights of

infants, &c, saved.

70. Collectors and clerks prohibited from purcha-

sing at tax sales.

71. Collectors' deeds, when to be made; one deed

may include several tracts of land.

72. Deed to be acknowledged and recorded.

73. Deed, what to be evidence of; what to be proved

in order to defeat title under such deed;
claimant against deed must show title.

74. Successor of collector making sale, may make

deed for him ; vacancy, how filled.

75. Sale to be valid, notwithstanding error in name

of owner.

76. Records of county court, and copies thereof,

what to be evidence of.

77. Lands stricken off to State to be absolutely for-

feited ; other titles barred.

78. May, however, be redeemed; how redeemed;

rights of minors, &c, saved.

79. Clerk to make return, semi-annually, to the au-

ditor, of lands so redeemed ; shall also make
payment.

80. When land forfeited to the State and not re-

deemed, shall be sold ; by whom sold ; clerk's
fees.

81. Auditor to furnish clerks with lists of forfeited

lands, biennially.

Section

82. Publication of notice of sale of forfeited lands,

how made. '

83. Lands not to be sold for less than all taxes, in-

terest and costs due.

84. Time and manner of sale ; continuance thereof.
S5. If payment not made forthwith, land may be re-
sold.

86. Certificate to be given to purchaser.

87. Auditor, on presentation of such certificate, to

make deed; his fee therefor.

88. Forfeited lands not sold at auction, to be sold at

private sale.

89. Auditor's deeds, where to be recorded.

90. Officer selling, the State or county not to be lia-

ble to purchaser for money paid in error.

91. Proof of erroneous sales, how made; entry

thereof.

92. Clerks to pay over redemption money; failure

to vacate office ; vacancy, how filled.

93. Lands sold by State to be taxed; lands forfeited

to State not to be taxed.

94. Canal lands to be forfeited and sold for non-pay-

ment of taxes.

95. Purchaser receiving redemption money releases

his claim to land.

96. Costs on advertised lands to be paid.

97. Purchaser suffering second sale, to lose benefit

of the first.

98. Sheriff not to be treasurer ; treasurer not to be

sheriff or collector.

99. Collector refusing to sell, responsible for taxes.

100. Penalty, if clerk or collector fail to make pay-

ment.

101. If collector fail to pay, treasurer to notify him

of motion to next circuit court, for judgment,
&c. ; court to try case, compel production of
books, &c. ; notice, how served.

102. If collector or clerk fail to pay over, auditor

may proceed by motion in supreme court.

103. Collector, for improperly returning lands as de-

linquent, how punished.

1 04. Penalty against treasurer for refusing to act as

assessor ; vacancies, in his office, how filled.

105. Collectors forbidden to speculate in auditor's

warrants.

106. How punished therefor.

107. Collectors to pay school moneys to commis-

sioners ; auditor to give them credit therefor.

108. Fees of officers concerned in assessing and col-

lection of revenue, how ascertained, collected
and paid.

109. Laws repealed.

110. Taxes already levied, how collected.

111. Erroneous sales, how corrected; auditor to

credit collector with amount of error.

112. Fees of clerks for making out abstracts of

lands, &c.

113. Deeds of sheriff or collector not to be conclu-

sive, but only prima facie evidence of certain
facts.

Section 1. All property, real and personal, within this State, shall be liable to
taxation, subject to the exceptions hereinafter stated.

Sec. 2. The term "real property," with respect to the assessment and collec-
tion of the revenue, shall be construed to include all lands within this State, and all
buildings and other things erected on, or affixed to, the same ; and the terms "lands"
and "lots," whenever they occur in this chapter shall be construed as having the
same meaning as "real property."

Sec 3. The term "personal property" shall be construed to include all house-
hold furniture, goods and chattels, all ships and vessels, whether at home or abroad,
all moneys on hand, and moneys loaned, whether within or without the State, all

REVENUE. 437

public stocks, stocks in turnpikes, bridges, insurance companies and moneyed cor-
porations ; also, all commissions, and every species of property not included in the
description of real estate.

Sec. 4. The following property shall be exempt from taxation : First, the real
and personal property of the United States and of this State. Secondly, all lands
sold by the United States, until the term of five years from the sale thereof, shall
have expired : Provided, That if Congress shall pass a law, expressing the consent
of the federal government that such lands may be taxed as soon as sold, then they
shall be subject to taxation in accordance with the provisions of such law : Pro-
vided further, That this exemption shall not extend to lands acquired by the United
States by purchase of individuals on the re-sale of such lands by the United States.
Thirdly, all lands belonging to the school fund of any township in this State, and
every school house, court house, jail, and the land whereon such buildings are sit-
uated, all property which is, or may be exempt from taxation by special law, and
all county lands and buildings set apart for county purposes, not to exceed five
acres. Fourthly, every building erected for religious worship, the pews and furni-
ture within the same, and the land whereon such building is situated, not exceeding
ten acres ; also, every burial ground not exceeding ten acres, or such quantity as in
any case may have heretofore been exempted by law : Provided, That such per-
sonal or real property shall not be exempt from taxation longer than the same is so
used. Fifthly, every building erected for the use of any literary, religious, be-
nevolent, charitable or scientific institution, and the tract of land on which the
same is situated, not exceeding ten acres ; also, the personal property belonging to
any such institution, and connected with, and set apart for the use thereof.

Sec. 5. Lands reserved to, or for any individual, by any treaty between the
United States and any Indian tribe, or nation, shall be liable to taxation from the
date of the confirmation of such treaty.

Sec 6*. Every person exercising the business of a stock or exchange broker,
in buying or selling stocks, bank notes, gold or silver money, or bills of exchange,
or lottery tickets, shall be required to obtain a license therefor from the clerk of
the county commissioners' court of the county in which he resides, which shall au-
thorize him to carry on such business for one year from the date thereof ;, for which
license he shall pay to the said clerk for the use of the State, the sum of one hun-
dred dollars. Any broker failing to obtain such license, on or before the first day
of May in each year, shall forfeit and pay to the State the sum of five hundred dol-
lars, to be recovered by action of debt in the name of the State of Illinois, in any
court having jurisdiction of the amount.

Sec 7. Every hawker or peddler who may desire to hawk or peddle any goods,
wares, merchandize or clocks, throughout the State, shall, on the payment of fifty
dollars for the use of said State, to the secretary of State, be entitled to receive a
license authorizing him to pursue such occupation in every county of the State ;
and any hawker or peddler may procure a license for a single county on the pay-
ment to the county commissioners' clerk of said county, for the use of the county,
the sum of ten dollars. Any person pursuing the occupation of a hawker or ped-
dler within this State, or any of the counties thereof, without license, shall forfeit
and pay, one-half for the use of the person complaining thereof, and the other half
for the use of the State, the sum of one hundred dollars, to be recovered by action
of debt in the name of the State of Illinois, before any justice of the peace, or pro-
bate justice of the peace, subject to appeal to the circuit court as in other cases :

438 REVENUE.*

Provided, That this section shall not apply to persons whose ordinary occupation is
not that of a peddler, nor to those engaged in vending articles manufactured in this
State.

Sec. 8. The county commissioners' court shall have the power to levy a tax
in their respective counties for county purposes, but they shall in no case exceed
the amount of four mills on each dollar's worth of property, unless specially au-
thorized by law j and said county tax shall be levied at the March term of said
courts, and collected with the State revenue. The same lien created to secure the
State revenue, shall also exist in favor of the county revenue.

Sec 9. The county revenue shall be collected in gold and silver coin, ceunty
orders and jury certificates issued by the county, and in no other currency.

Sec 10. The minimum value of all lands in this State for the purpose of taxa-
tion, shall be three dollars per acre.

Sec 11. It shall be the duty of the auditor of public accounts, in cases where
such abstracts have not already been obtained, and as the same may become neces-
sary, to obtain from the several land offices of the United States at which lands
within this State are sold, abstracts, containing a description of all lands sold at
each office, the dates of sale, and the names of purchasers ; also, maps of the sev-
eral land districts, where such abstracts and maps have not already been procured.

Sec 12. The auditor shall annually transmit to the said clerks, on or before
the first day of February, a list of all lands in their respective counties which may
have become subject to taxation within the preceding year.

Sec 13. The treasurer of each county shall be ex officio the assessor. Before
he enters upon the discharge of the duties of his office of assessor, he shall take
and subscribe the following oath or affirmation : "•!, A. B., do solemnly swear, (or
affirm, as the case may be,) that I will faithfully, diligently and impartially perform
all the duties required of me by law, as the assessor of taxable property in the
county of , and that I will in no instance value any lands as low as at three

dollars per acre, which I believe to be worth more." A refusal or neglect of the
treasurer to qualify and act as assessor, shall vacate his office as treasurer, and the
county commissioners' court shall thereupon appoint some suitable person to fill
such vacancy, who shall hold his office until his successor is duly elected and qual-
ified. The treasurer shall keep his office at the county seat, and his neglect to do
so shall vacate his office which may be filled as aforesaid.

Sec 11. Every clerk shall, on or before the first Monday of March, in each
year, cause to be delivered to the assessor of his county, in a well bound book, a
transcript containing a list and description of all taxable lands and town lots lying
within his county, except such as have been sold to the State, and remain unre-
deemed, with the names of purchasers of lands from the United States and from
this State, together with the names of the present owners in a separate column
when the same are known ; and the said transcript when returned by the assessor,
shall be kept by the said clerk in his office for the use of future assessors. He
.shall, annually before delivering said transcript to the said assessor, add thereto the
auditor's list of lands in his county, which may have become taxable during the
preceding year. He shall also specify in a separate and distinct list, and deliver
the same to the assessor as aforesaid, all delinquent lands and town lots lying within
his county, which may have been previous to that time forfeited to the State for
taxes, and are unredeemed from such forfeiture ; and each year before delivering
the same to the assessor, he shall add thereto the unredeemed lands and town lots

.REVENUE.

439

which may have been forfeited to the State subsequent to the previous assessment,
and said lists of lands and town lots shall be made out in numerical order : Provi-
ded, That where such transcripts and lists have heretofore been made, the said tran-
scripts and lists shall be furnished by the clerks to the assessor, with such addi-
tions as are herein specified.

Sec. 15. The assessor of each county shall, upon the receipt of such trans-
script, proceed to make out lists of all taxable property within his county, the said
lists being of tabular form, with separate columns for the names of owners of pro-
perty, the kind of property, the value of each kind, and the total value of each per-
son's taxable property, and such other columns as may be deemed necessary, as
near as convenient in the following: form :

The assessor shall in no case include in such list any delinquent lands or town
lots belonging: to the State.

Sec 16. Each assessor shall, without delay, on being provided with the lists
aforesaid, proceed to take a list of the taxable property in his county, and assess
the value thereof, by going to the place of residence of each owner of taxable pro-
perty in his county. He may, if he shall deem it necessary, require every owner
of taxable property to give in, under oath, either by himself or agent, a list and des-
cription of all his taxable lands, by townships, ranges, quarter-sections, tracts, lots
or parts thereof, and the number of acres in each tract, with the improvements
thereon, all town lots with the improvements thereon, all pleasure carriages,
whether with two or four wheels, all horses, mares, jacks, jennies, mules, inden-
tured servants, neat cattle, ships and vessels, stocks, money on hand and at inter-
est, household furniture, and every other description of personal property, all capi-

440 REVENUE. J

tal employed each year in merchandizing, adopting as a criterion the value of the
greatest amount of goods on hand at any time in the year ; and he shall, in the
presence of such person, enter the same in his book, and value each tract or lot
separately, and each species of personal property separately, placing the description
and value in figures opposite the name of the person owning or listing the same :
Provided, That unimproved town lots may be listed and assessed in blocks.

Sec. 17. If any assessor shall be unable to find the owner of any lands or lots
contained in his list, he shall value the same according to the best information he
can procure, and enter the same on his list in the name of the patentee or present
owner, if known.

Sec 18. If any person shall give a false or fraudulent list, or refuse to deliver
to the assessor, when called on for that purpose, a list of his or her taxable proper-
ty, as required by law, the said assessor, as a penalty therefor, shall assess the pro-
perty of such person at double its value.

Sec 19. Lands and town lots owned by non-residents of the county, when
once correctly listed for taxation by their owners, shall not be required to be listed
again by them till a sub-division or change of ownership takes place.

Sec 20. If any real or personal property shall be omitted in the assessment of
any year or number of years, the same when discovered, shall be assessed by the
assessor for the time being, and placed upon the assessment list with the arrearages
of tax which might have been assessed with six per cent, interest thereon, from
the time the same ought to have been paid 5 the clerk of the county commissioners'
court shall also have power to list any property omitted for a previous year or
years, and add the same to the collector's list, and report the same to the county
commissioners' court at their next term ; and said court is required to enter the
same of record, and charge the collector with the same, and the clerk to certify said
charges to the auditor at the time of certifying the allowances made to collectors.

Sec 21. Every assessor shall complete the assessment of property in his
county, on or before the first Monday of August in each year, and return to the
county commissioners' clerk the abstract of lands furnished him by said clerk, also
the list of delinquent real estate forfeited to the State and still owned by the same,
with the valuation thereof, and his list and description of all taxable property
within the county, with the names of owners when known, and valuation.

Sec 22. The clerks shall make out copies of the said lists, and on or before
the second Monday of September in each year, transmit a copy of the list of forfei-
ted lands and lots with the valuation thereof to the auditor, and deliver a copy of
the other to the collector of his county for the purpose of collection ; and the com-
missioners' court shall be required to make all necessary corrections in the same.

Sec 23. The assessor shall add up his own figures in the columns, expressing
the total valuation of real estate, the total valuation of personal property, and the
total amount of State tax, county tax and road tax.

Sec 24. Every clerk shall immediately after the September term cf the county
commissioners' court transmit by mail to the auditor, a statement of the aggregate
amount of State tax assessed in his county, and the auditor shall charge the same
to the collector.

Sec 25. The clerk of the county commissioners' court shall, at the same time
as aforesaid, transmit to the auditor, a statement showing the aggregate amount of
taxes on real estate in his county for State and county purposes respectively ; also,
a statement of the amount of taxes on personal property for State and county pur-

REVENUE. 441

poses respectively, together wifli a statement of the rate of taxation levied for county
purposes in his county.

Sec. 26. Any person feeling aggrieved by the assessment of his property, may,
at the September term of the county commissioners' court, immediately succeeding
such assessment, and not afterwards, apply to said court for a reduction of said as-
sessment which may in the discretion of the court be made on proof that the valu-
ation of the assessor was too high, which correction shall be made of record and
a list certified by the clerk to the collector.

Sec 27. The sheriff of each county shall be, ex officio, the collector of taxes,
and his refusal to act shall vacate his office of sheriff, which shall be filled as in
other cases of vacancy.

Sec. 28. Said collector, before he enters upon the duties of his office, shall exe-
cute a bond in a penalty of at least double the amount of the tax to be by him col-
lected, and with such securities as the county commissioners shall deem sufficient ;
which bond shall be substantially in the following form, to-wit :

Know all men by these presents, that we, A. B., C. D. and E. F., securities, all
of the county of and State of Illinois, are held and firmly bound to the

people of the State of Illinois, in the penal sum of dollars, for the pay-

ment of which, well and truly to be made, we bind ourselves each of us, our heirs,
executors and administrators, firmly by these presents. Signed with our hands
and sealed with our seals. Dated at this day of 184 .

The condition of the above bond is such, that if the above bounden A. B., shall per-
form all the duties required to be performed by him as collector of the said county
of in the time and manner prescribed by law, and when he shall be

succeeded in office, shall surrender and deliver over to his successor in office, all
books, papers and moneys belonging to said county or to the State, and appertaining
to his said office, then the above bond to be void, otherwise to remain in full force.

Signed, sealed and delivered in )
presence of G. H. \

A. B. [l. s.]
C. D. [l. s.]
E. F. [e. s.]
He shall also take and subscribe an oath before some person authorized to admin-
ister oaths, that he will faithfully, diligently and impartially, and to the best of his
skill, judgment and ability, perform all the duties required of him by law, "as col-
lector.

Sec. 29. When approved by the county commissioners' courts, the said bond
be entered upon their records, and immediately transmitted by their clerk to the
office of secretary of State ; certified copies thereof, under the seal of State shall be
evidence in all the courts of this State ; and the entry thereof in the records of the
said courts shall be evidence within the county.

Sec 30. The auditor shall direct the commencement of suits on the bonds of
collectors, for the use of the State whenever he shall deem it for the public inter-
est, for any breach of said bonds until the whole penalty if necessary is recovered,
and it shall in all cases be his duty to cause suits to be commenced against delin-
quent collectors, and their securities, whenever said collectors have failed to make
their final settlements, for the space of two months after the time fixed upon by law
for that purpose.

442 REVENUE.

Sec. 31. On the second Monday of September annually, or as soon as the col-
lectors are qualified, every county commissioners' clerk shall deliver to the
collector of his county, a copy of the list of taxable property returned by the as-
sessor, and take duplicate receipts therefor, in which sh^fl be specified the taxes on
real and personal property respectively, one of which shall be filed in the clerk's
office, and the other filed in the office of the county treasurer.

Sec. 32. Every collector, on receiving the assessment list from the clerk as
aforesaid, and giving receipt for the same, shall proceed to collect the taxes charged
in said list, by calling upon each person residing in his county, at his or her usual
place of residence, and requiring payment thereof.

Sec. 33. The lien created by this chapter, for State and county purposes, on
personal property, shall attach from and after the assessment list is received by the
collector, and no sale or transfer of the same shall affect the claim of the State or
counties, but the said property maybe seized by the collector wherever found, -and
removed if necessary, and sold to discharge the taxes of the person owing the same
at the time of such assessment, together with the costs and charges of collection.

Sec. 34. In case any person shall be absent from home, at the time of the call
of the collector for his or her taxes, the said collector shall leave a written 'or
printed notice with some member of the family, above the age of ten years, re-
quiring payment of the same within ten days from the date thereof, and such notice
shall be considered a sufficient demand for the taxes of such person, and the said
collector shall be a competent witness to prove the service of said notice.

Sec. 35. In case any person shall refuse or neglect to pay his or her taxes
when demanded, or within ten days thereafter, it shall be the duty of the collector
to levy the same, together with the costs and charges that may accrue, by distress
and sale of the personal property of such person as ought to pay the same, where-
ever the same may be found in the county. No real estate of any person shall be
sold for taxes while personal property of such person can be found by the col-
lector.

Sec 36. The collector shall give public notice of the time and place of sale,
the property to be sold, and the name of the delinquent, at least ten days previous
to the day of sale, by advertisements to be posted up in at least three public places
in the precinct where such sale is to be made.

Sec 37. Such sale shall be by public auction, and if practicable, no more pro-
perty shall be sold than sufficient to pay the tax, costs and charges due ; the same
shall, if convenient, be sold in parcels, and if sold for more than the amount ne-
cessary, the surplus shall be returned to the owner of such property.

Sec 38. The collector shall be allowed the same fees and charges for making
distress and sale of goods and chattels for the payment of taxes, as may be allowed
by law to constables for making levy and sale of property on execution : Provi-
ded, The provisions of this chapter shall apply to the collection of all delinquent
taxes due in any county in this State.

Sec 39. The power to levy and collect, shall continue in the collector after his
return and final settlement with the auditor, until the taxes shall be paid ; if perso-
nal property of the person having failed to pay taxes, be found within his county,
the county commissioners' court shall have power to issue process to any sheriff or
constable for the collection of delinquencies, for which credit has been given to the
collector.

REVENUE. 443

Sec 40. Whenever the taxes on the same property shall be paid more than
once, for the same year, by different claimants, the collector shall make a return to
the clerk of the county commissioners' court, of all such surplus taxes so receiv-
ed by him, together with the names of the several claimants thus paying ; and the
clerk shall make a record of all such cases, and transmit a copy thereof to the audi-
tor of public accounts, who shall charge such collector with the portion of such sur-
plus taxes belonging to the State.

Sec. 4]. Whenever any tax is paid, the collector shall enter such payment in
his list, and give the person paying the same, a receipt specifying the name of the
person for whom paid, the amount paid, what year paid for, and the property on
which the same was assessed, according to its description on the assessment list.

Sec. 42. The collectors of this State, shall collect the revenue for State pur-
poses, in gold and silver coin, auditor's warrants, and in no other currency what-
ever.

Sec 43. The collectors of the several counties shall pay annually into the
State treasury, on or before the first Monday of March, all the taxes of the pre-
ceding year, for State purposes, except such delincpiencies as may exist, deducting
therefrom their commissions for collections.

Sec. 44. Every colfeetor shall pay into the treasury of his county, at the end
of every month, all taxes effected for the use of such county in his hands, except
county orders and jury certificates, and on the first Monday of June annually, he
shall make a final settlement, and account for and pay over the whole amount of
revenue due the county, deducting therefrom the amount of taxes he may have
been unable to collect by reason of the insolvency, removal or non-residence of
persons charged with taxes. All county orders and jury certificates collected by
him, shall be paid into the county commissioners' court at the said term, and can-
celled.

Sec 45. Every collector of revenue shall present to the county commissioners'
court of his county, at the June term thereof, a list, upon oath, of the names of
all persons charged with taxes on personal property, from whom no collec-
tion of said taxes have been made on account of the insolvency, removal or
non-residence of such persons ; said list shall be copied from the assessment
list, and shall contain the valuation of the property, and the amount of tax shall
be noted opposite the name of each person, whether he be insolvent, a non-resident
or has removed, if removed, to- what place, if a non-resident, his place of resi-
dence, if known ; the collector shall certify that such list contains the names of all
persons and a description of all personal property charged with taxes which have
not been collected, and that the notes and remarks made opposite to the names of
persons charged with taxes are correct and true according to his best information
and knowledge ; the said list shall be examined by the county commissioners' court,
and errors and mistakes therein corrected, after which an order shall be made al-
lowing the collectors credit for the amount of taxes due, or payable to the county
on the same ; the said list shall be filed in the office of the clerk of said court, and
thereupon the said clerk shall certify under the seal of the court, to the auditor, the
whole amount of taxes assessed upon real and upon personal property ; the amount
of taxes on personal property for which the collector has been allowed credit on
account of insolvency, non-residence or removal of the persons charged therewith ;
and upon a settlement with the auditor, the collector shall file with him the said
certificate, and shall be allowed a credit for the amount certified therein.

444

REVENUE.

Sec. 46. When any person owning lands in any county in this State, shall fail
to pay taxes assessed thereon, and the collectors §hall be unable to find any personal
property of such person in his county whereon to levy, of value sufficient to pay
said taxes and costs, it shall be the duty of the collector to make report thereof to
the circuit court of his county, at the first term in each year, for the preceding year
or years, which report shall be in the following form :

List of lands, and other real estate, situated in the county of , and State of Illi-

nois, on which taxes remain due and unpaid for the year herein set forth:

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Sec 47. Before making the application to the circuit court provided for in the
preceding section, the collector shall publish an advertisement in some newspaper
printed in his said county, if any such there be, and if there be no such paper print-
ed in his county, then in the nearest newspaper in this State, which advertisement
shall be once published, at least six weeks previous to the said term of the said
circuit court ; and the said advertisement shall contain a list of the delinquent lands
and town lots to be reported to the said court, the names of the owners, if known,
the amount of tax, interest and costs due thereon, and the year or years for which
the same are due; shall give notice of the intended application to the court for
judgment against said lands and town lots for said taxes, interest and costs thereon,
and for an order to sell the said lands for the satisfaction thereof; and shall also give
notice that on the fourth Tuesday next succeeding the day fixed by law for the com-
mencement of the said term of the said circuit court, all the lands against which
judgment shall be pronounced, and for the sale of which, such order shall be made,
will be exposed to public sale at the court house. of the said county, for the amount
of said taxes, interest and costs due thereon ; and the advertisement published ac-
cording to the provisions of this section, shall be deemed and taken to be sufficient
and legal notice, both of the aforesaid intended application by the collector, to the cir-
cuit court for judgment, and also of the sale of said lands, under the order of the said
court: Provided, That if the publisher of such newspaper shall be unable or un-
willing to publish the said list and notice accurately and properly, the collector shall
select some other newspaper having the means and ability of making such publica-
tion in a satisfactory manner, having due regard to the circulation of such paper.

REVENUE. 445

Sec. 48. "The county commissioners' courts shall not allow credit to collectors
for any taxes uncollected, unless they are satisfied that such taxes could not have
been collected by reasonable and proper diligence, and that such diligence has been
used without success.

Sec. 49. The printer publishing such notice and list shall be required to trans-
mit, by mail, two numbers of each paper containing said list and notice to the audi-
tor of public accounts, two the treasurer of State, and two to the clerk of the county
commissioners' court of the county in which the lands and lots advertised lie; and
the said papers shall be filed, and kept in the offices to which they are sent.

Sec 50. The collector shall attend at the court house, in his county on the day
specified in the notice aforesaid, and then and there, at the hour of ten o'clock in
the forenoon, proceed to offer for sale, separately, each tract of land and town lot
in the said list, on which the taxes and costs have not been paid.

Sec. 51 . The person at such sale, offering to pay the taxes and costs charged on
each tract or lot, for the least quantity thereof, shall be the purchaser of such quan-
tity, which shall be taken from the east side of such tract or lot.

Sec 52. The collector shall continue such sale from day to day, until each tract
of land or town lot contained in the delinquent list, on which the taxes and costs
remain unpaid, shall be sold or ofiered for sale.

Sec 53. The person purchasing any tract of land or town lot, or any part thereof,
shall forthwith pay to the collector the amount of taxes and costs charged on said
tract or lot, and on failure to do so, the said land or lot shall be again ofiered for
sale, in the same manner as if no such sale had been made, at the commencement of
the sale on the following day.

Sec 54. The collector shall file the list of delinquent lands with the clerk of
the circuit court, at least five days before the commencement of the term at which
application for judgment is to be made.

Sec 55. No costs shall be charged by the clerk of the circuit court, when the
taxes are paid five days previous to the term of the said court.

Sec 56. The collector shall obtain a copy of said advertisement, together with
a certificate of the due publication thereof, from the printer or publisher of the
newspaper in which the same shall have been published, and shall file the same
with the clerk of the said circuit court, at the said term thereof, together with the
said report, provided for in the forty-sixth section of this chapter.

Sec 57. The clerk of the circuit court, upon the filing of such report and cer-
tificate of publication by the collector, shall receive and record the same in a book
to be kept for that purpose, in which he shall enter all judgments, orders and other
proceedings of the court in relation thereto, and shall keep and preserve the same
as a part of the records of his office ; and the said clerk shall place the said report
and certificate of said collector at the head of the common law docket for said term,
in the following form, to- wit : ^ g

State of Illinois )

vs. > Suit for taxes.

John Doe, and others, j

Sec 58. It shall be the duty of the said court, upon calling the common law
docket of said term, if any defence be offered, by any of the owners of said lands so
reported, or by any person having a claim or interest therein, to hear and determine
the same in a summary way, without pleadings ; and if no defence be made, the
said court shall pronounce judgment against the said lands, and shall thereupon di-

446 REVENUE.

reet the clerk of said court to make out and issue an order for the sale of the same,

which shall he in the following form, to-wit :

State of Illinois, ) ,
' } set.

.COUNTY. \

Whereas, A. B., collector of said county, returned to the circuit court of said
county, on the day of 18 , the following tracts and parts of tracts of

land as having been assessed for taxes, by the assessor of said county of , for

the year 18 , and that the taxes thereon remained due and unpaid, on the day of
the date of the said collector's return, and that the respective owner or owners have
no goods and chattels within his county, on which the said collector can levy for the
taxes, interest and costs due and unpaid, on the following described lands, to-wit:

And whereas, due notice has been given of the intended application for a judgment
against said lands, and no owner hath appeared to make defence or show cause why
judgment should not be entered against the said lands for the taxes, interest and
costs due and unpaid thereon, for the year or years herein set forth : Therefore,
it is considered by the court, that judgment be, and is hereby entered against the
aforesaid tract or tracts of land, or parts of tracts, (as the case may be,) in the name
of the State of Illinois, for the sum annexed to each tract or pared of land, being the
amount of taxes, interest and costs due severally thereon; and it is ordered by the
court that the said several tracts of land, or so much thereof as shall be sufficient
of each of them to satisfy the amount of taxes, interest and costs annexed to them
severally, be sold, as the law directs.

Sec 59. The form as hereinbefore set forth shall be pursued, as near as the
nature of the case will permit.

Sec 60. It shall be the duty of the clerk, within five days after the adjourn-
ment of said court, to make out, under the seal of said court, a copy of the
collector's report, together with the order of the court thereon, which shall hereaf-
ter constitute the process on which all lands shall be sold for taxes, and deliver the
same to the collector of his county ; and the collector shall thereupon cause the said
lands to be sold, on the day specified in the notice given by the collector for sale
of the same, and make return thereof to the said clerk, within twenty days after the
day of sale.

Sec 61. Any person or persons owning or claiming lands advertised for sale
as aforesaid, may pay the taxes, interest and costs due thereon, to the collector of
the county in which the same are situated, at any time before the sale thereof:
Provided, That such collector shall be required to make a report to the court,
before judgment is rendered, of all lands upon which the taxes may have been paid,
subsequent to making his first report to the circuit court.

Sec 62. In all advertisements for the sale of lands for taxes, and in entries
required to be made by the clerk of the court, letters and figures may be used, as
they have heretofore been, to denote townships, ranges, sections, parts of sections,
the year for which taxes are due, and the amount of taxes, interest and costs.

Sec 63. The clerk of the county commissioners' court shall attend all such
sales of lands for taxes, made by the collector, and make a record thereof, in a book
to be kept l'or that purpose, therein describing the several tracts of land and town
lots, as they are described in the recorded list, stating, in separate columns, the
State and county tax, with the costs thereon, and how much of each tract or lot was
sold, and to whom sold ; and all such tracts or lots as shall remain unsold, for want
of bidders, shall be entered as sold to the State.

REVENUE. 447

Sec. 64. The said clerk, immediately after such sale, shall transmit to the au-
ditor of public accounts, a copy of such record, certified under the seal of the court,
together with a separate list of lands and lots ferfeitedto the State, as aforesaid.

Sec. 65. If any clerk shall fail to attend any sale of lands, as required by this
chapter, either in proper person or by a competent deputy, he shall forfeit and pay
the sum of one hundred dollars, and shall be liable for indictment for such failure,
and upon conviction, shall be removed from office.

Sec 66. Within thirty days after any sale, the collector shall pay into the State
treasury, the amount of taxes due the State upon lands advertised and sold as afore-
said, and make a final settlement with the auditor ; he shall also, within ten days
after such sale, pay into the county treasury, the amount of taxes due the county
upon the same : Provided, That county orders received by him shall be paid into
the county commissioners' court, at the next session thereafter.

Sec 67. The clerk shall make out and deliver to the purchaser of any lands or
lots, sold for the payment of taxes as aforesaid, a certificate of purchase, to be coun-
tersigned by the collector, describing the land or lot sold, as the same was described
in the delinquent list, the amount of taxes and costs for which the same was sold,
and that payment has been made therefor. If any person shall become the purcha-
ser of more than one tract of land or lot, he may have the whole included in one
certificate.

Sec 68. Such certificate of purchase shall be assignable by indorsement, and
an assignment thereof shall vest in the assignee, or his legal representatives, all
the right and title of the original purchaser.

Sec 69. Real estate, sold under the provisions of this chapter, may be redeemed,
at any time before the expiration of two years from the date cf sale, by the payment
in specie, to the clerk of the county commissioners' court of the proper county, of
double the amount for which the same was sold, and all taxes accruing after such
sale, unless such subsequent taxes have been paid to the collector, as may be shown
by the collector's receipt, by the person redeeming, with six per cent, interest
thereon, from the lirst day of May, in each year, up to the time of payment : Provi-
ded, That if the real estate of any infant, feme covert or lunatic, be sold for taxes,
the same may be redeemed at any time within one year after such disability be re-
moved, upon the terms specified in this section.

Sec 70. No collector or clerk of any county commissioners' court, shall be,
either directly or indirectly, concerned in the purchase of any tract of land or town
lot sold for the payment of taxes, under the penalty of one hundred dollars, to be
recovered by action of debt.

Sec 71. At any time after the expiration of two years from the sale of any
real estate for taxes, if the same shall not have been redeemed, the collector, on
request, and on the production of the certificate of purchase, shall execute and de-
liver to the purchaser, his heirs or assigns, a deed of conveyance for the real estate
described in such certificate. When any person shall hold more than one certificate
of purchase, of the same sale, the collector shall, on the request of such person,
include as many tracts or lots described therein, in the said deed of conveyance, as
such person may desire.

Sec 72. The deed so made by the collector, shall be acknowledged and recor-
ded in the same manner as other conveyances of real estate, and shall vest in the
grantee, his heirs or assigns, the title of the property therein described.

448 REVENUE.

Sec 73. Deeds executed by the collector as aforesaid, shall he prima facie evi-
dence in all controversies and suits in relation to the right of the purchaser, his
heirs or assigns, to the land thereby conveyed, of the following facts : First, That
the land conveyed was subject to taxation at the time the same was advertised for
sale, and had been listed and assessed in the time and manner required by law.
Second, That the taxes were not paid at any time before the sale. Third, That the
lands conveyed had not been redeemed from the sale, at the date of the deed.
Fourth, That the land was advertised for sale in the manner and for the length of
time required by law. Fifth, That the land was sold for taxes, as stated in the
deed. Sixth, That the grantee in the deed was the purchaser. Seventh, That the
sale was conducted in the manner required by law ; and, in controversies and suits
involving the title to land claimed and held under, and by virtue of, a deed executed
by the sheriff as aforesaid, the person claiming title adverse to the title conveyed by
such deed, shall be required to prove, in order to defeat the said title, either that
the said land was not subject to taxation at the date of the sale, that the taxes had
been paid, that the land had never been listed and assessed for taxation, or that the
same had been redeemed, according to the provisions of this chapter, and that such
redemption was had or made for the use and benefit of persons having the right of
redemption under the laws of the State : but no person shall be permitted to ques-
tion the title acquired by a collector's deed, without first showing that he or she, or
the person under whom he or she claims title, had title to the land, at the time of
the sale or that the title was obtained from the United States or this State, after
the sale and that all taxes due upon the land have been paid by such person, or by
their a°-ent, or the person under whom he claims title as aforesaid.

Sec. 74. If any collector shall die, resign, or be removed from office, or his
term of service expire, after selling any real estate for taxes, and before executing
a conveyance for the same, his successor, being then in office, shall execute such
conveyance in the same manner as the officer making such sale might have done :
Provided, That, in case the collector shall die, or be removed from office, before the
taxes are collected, the county commissioners' court shall appoint a successor, to
remain in oifice until an election is had.

Sec 75. No sale of real estate for taxes shall be considered invalid, on account
of the same having been charged in the assessment list in any other name than that
of the rightful owner, if the said real estate be in other respects sufficiently de-
scribed, and the taxes thereon were unpaid at the time of such sale.

Sec 76. The books and records belonging to the office of the clerks of the
county commissioners' courts, or copies thereof, certified by said clerks, shall be
deemed sufficient evidence to prove the sale of any land for taxes, the redemption of
the same, or payment of taxes thereon.

Sec 77. Every tract of land or town lot offered for sale by any collector as
herein before provided, and not sold for want of bidders, shall be, and the same is
hereby declared to be forfeited to the State of Illinois, and thenceforth all right, title
and claim of the former owner or owners, shall be considered as transferred to, and
vested in the State.

Sec 78. Lands and town lots, forfeited to the State for taxes, may be redeemed,
at any time within two years from the time of the sale at which they were forfeited,
by payino- to the clerk of the county commissioners' court of the county in which
said lands or lots are situated, double the amount for which such real estate was for-
feited, and all taxes accruing thereon to the time of redemption, with interest on

REVENUE. v 449

each year's tax, at the rate of six per cent, from the first Monday of May, in each
year, to the time of redemption : Provided, That any lands or town lots of any infant
feme covert or lunatic so struck off and forfeited to the State, may be redeemed, as
provided in this section, at any time within one year after such disability be
removed.

Sec. 79. On the first Monday in March, and semi-annually thereafter, it shall
be the duty of the several clerks of the county commissioners' courts, to transmit
to the auditor a list, with a full description of all the lands and town lots forl'eited
to the State, which have been redeemed during the preceding six months, which
list shall be carefully noted in the books of the auditor; he shall also pay, at the
same time, into the State treasury, the proportion of the redemption money belong-
ing to the State, and monthly, into the county treasury, the proportion of such
county.

Sec. 80. On the first Monday of September, one thousand eight hundred and
forty-five, and every two years thereafter, all lands and town lots which have been
forfeited to the State, and are unredeemed, shall be exposed for sale and sold at
public auction, at the county seats of the respective counties in which they are situ-
ated, by or under the direction of the clerks of the county commissioners' courts ;
and the clerk of the county commissioners' court and the collector, for services ren-
dered under this section, shall be entitled to the same compensation as they are al-
lowed for like services by this chapter.

Sec. 81. It shall be the duty of the auditor, on or before the first Monday of
July next, and biennially thereafter, to furnish to the said clerks, lists of lands and
lots forfeited to the State, and unredeemed, lying within their respective counties.

Sec 82. The said clerks, on the receipt of such lists shall, at least four weeks
before the first Monday of September, publish a notice, in the newspaper having
the greatest circulation in their respective counties, setting forth that all lands and
lots forfeited to the State for taxes and unredeemed, will, on the first Monday of
September next, be offered for sale at public auction, at the court house, and that a
list of the same is kept at the clerk's office, subject to the inspection of any person
who may desire to examine the same.

Sec 83. Such lands and town lots shall not be sold for a less sum than the
amount of State and county taxes, with the costs and interest thereon, from the for-
feiture up to the time of sale.

Sec 84. The clerk of each county, assisted by the sheriff, shall, on the first
Monday of September aforesaid, at the hour of ten o'clock in the forenoon, proceed
to offer for sale separately, each tract of land or town lot contained in such list,
which shall have been forfeited to the State as aforesaid, and he may continue such
sale from day to day until each tract or town lot in said list shall be sold or offered
for sale.

Sec 85. Every person purchasing lands or town lots at such sale, shall forthwith
pay to the clerk the amount for which the same may have been sold, and, on failure
so to do, the said lands or lots shall again be offered for sale as if no sale had been
made.

Sec 86. The said clerks shall immediately after such sale, execute and deliver
to each person purchasing lands or lots at such sale, a certificate of purchase, and
shall include in such certificate, all the lands and lots purchased by such person if
the same is desired.
29

450 REVENUE.

Sec 87. Upon the presentation of such certificate to the auditor, the legal hol-
der thereof shall be entitled to a deed, conveying all the right, title, interest and
claim of the State to the tracts or lots described in said certificate; and for every
deed of conveyance made as aforesaid, the auditor shall be entitled to receive the
sum of twenty-five cents.

Sec. 88. At any time after the close of any such sale as aforesaid, the clerks
may sell any of the lands and town lots offered for sale which were not sold for
want of bidders, to any person wishing to purchase the same, who shall pay the
State and county tax, together with the costs and interest duetheretpn.

Sec 89. All deeds made by the auditor of public accounts under the provisions
of this chapter, shall be recorded in the county where the lands or lots conveyed are
situated.

Sec 90. No money shall, in any case, be refunded out of the State or county
treasury, to any purchaser of lands or lots sold for taxes on account of such lands or
lots being erroneously sold, but the collector or other officer making such error
shall be liable to pay double the amount of the same, and on failure to make such
payment, the said purchaser may recover the said money of the said collector or
other officer by action of debt before any justice of the peace or court having juris-
diction thereof: Provided, That if said lands were not taxable at the time they were
assessed, or the taxes had been paid before the land was sold, then, in that case the
State and county shall refund the taxes paid, upon the presentation of a certificate of
the clerk of the county commissioners' court under seal of said court.

Sec 91. Whenever it shall be made to appear to the satisfaction of the clerk
of the county commissioners' court before the execution of a deed for lands or lots
sold for taxes, that any tract or lot was sold which was not subject to be taxed, or
upon which taxes had been paid previous to the sale, he shall make an entry oppo-
site to such tracts or lots on the list of sales, that the same was erroneously sold, and
such entry shall be evidence of the fact therein stated.

Sec 92. The clerks of the county commissioners"' courts shall be liable for all
redemption money of lands and lots which may come into their hands as such, and
shall pay the same over on demand being made by a proper person, and in case of
failure or refusal so to do when demanded as aforesaid, then his office shall be con-
sidered vacated; and thereupon Ihe county commissioners' court shall appoint some
suitable person to fill such vacancy until the same be filled in the manner now
prescribed by law.

Sec 93. Lands sold by the State, though not granted or conveyed, shall be
assessed in the same manner as if conveyed, but such lands, when forfeited to the
State for the non-payment of taxes thereon, shall not in any case, be sold for such
non-payment as other lands, and shall not afterwards be subject to taxation until
again sold by the State.

Sec 94. Whenever any purchaser of canal lands or lots, shall fail to pay the
taxes assessed thereon, as required by the terms of sale provided by law, it shall
be the duty of the collector forthwith to report such failure to the acting commis-
sioner of the Illinois and Michigan canal, who shall enter the said lands or lots as
forfeited to the State, and thenceforth all right, interest and title of the said pur-
chaser shall cease ; the said lands shall not in any case be sold for the non-payment
of taxes, and any such sale, if made, shall be void.

Sec 95. The receipt of the redemption money of any tract of land or lot by
any purchaser, shall operate as a release of all claim to such tract or lot, under or
by virtue of the purchase.

REVENUE. 451

Sec. 96. Persons paying taxes on lands advertised for sale for the taxes due
thereon, previous to the sale, shall be required to pay the costs of advertising', and
all other costs which may have accrued up to the time of such payment.

Sec. 97. If any purchaser of lands sold for taxes, shall suffer the same to be
again sold for taxes before the expiration of two years from the date of his or her
purchase, such purchaser shall not be entitled to a deed for the land, until the expi-
ration of two years from the date of the second sale ; during which time the land
shall be subject to redemption upon the terms and conditions prescribed in this
chapter, except the person redeeming, shall only be required to pay for the use of
such purchaser, the amount paid for the land, and double the amount paid by the
second purchaser.

Sec 98. No sheriff or deputy sheriff shall be eligible to the office of county
treasurer, nor shall any county treasurer hold the office of sheriff or collector.

Sec 99. If any collector, by himself or deputy, shall fail to attend any sale of
lands advertised according to the provisions of this chapter, and make sale thereof
as required by law, he shall be liable to pay into the State and county treasury, the
amount of taxes and costs due upon the lands and lots so advertised, in the same
manner as if they had been sold.

Sec 100. If any collector or clerk shall fail to pay into the State treasury the
amount of taxes or revenue due the State at the times and in the manner herein re-
quired, he shall be liable to pay ten per cent, per month upon the amount which
he shall fail to pay as aforesaid, and for a failure to pay to the county, he shall be
subject to the same penalty.

Sec 101. If any collector shall fail to pay to his county the revenue due the
same at the time and in the manner required by law, it shall be the duty of the
county treasurer, to deliver or cause to be delivered to such collector and his securi-
ties, a notice in writing, informing them that at the next term of the circuit court of
the county, a motion will be made for judgment against such collector for all sums
due from him to the county at the time of making such motion, together with the
damages allowed by law for default in not paying the same into the county treasury ;
and the circuit court of the several counties are hereby vested with jurisdiction to
hear and determine all such motions, and to inquire into the amounts due from col-
lectors, and give judgment for the same, together with the damages allowed by law ;
the said courts may compel the production of all books, papers, with vouchers in
the possession of the collector, and pertaining to his office, to be used as evidence,
if it shall appear to the court that any such books, papers or vouchers are, or may
be, material evidence in the cause. The notice required by this section shall be
served by any constable of the county, or coroner, at least five days before the mo-
tion is to be made.

Sec 102. Upon the failure of any collector or clerk to pay money into the
State treasury as required by law, it shall be the duty of the auditor to proceed
against such collector by motion in the supreme court ; a written notice of which
shall be served on the collector and his securities at least twenty days before the
motion is to be made ; such notice shall state that a motion will be made for judg-
ment against the collector for the amount due from him to the State at the time such
motion is heard, and all damages allowed by law for default in the payment of the
same, which notice may be served by any sheriff or coroner in the State, or by any
person employed by the auditor for that purpose. The supreme court is hereby

452 REVENUE,

vested with full power and jurisdiction to hear and determine all such motions, and
to give judgments and award executions.

Sec. 103. If any collector shall receive the taxes upon any land or real estate,
and shall knowingly include the same land or real estate in the list of lands return-
ed by him on which taxes have not been collected, and the said lands shall be sold
for the taxes thereon, he shall be deemed guilty of a misdemeanor, and on indict-
ment and conviction thereof, shall be removed from office, and shall, moreover, be
liable to the party injured for all damages.

Sec. 104. Any treasurer who shall fail to perform the duties required of him
as assessor, (except in cases of sickness, when he may appoint a deputy for whose
conduct he shall be responsible) shall forfeit and pay three hundred dollars to the
use of the county, to be recovered by action of debt in the name of such county,
and shall, moreover, be liable to pay to the county and State, all damages sustained
by either county or State by reason of such failure, to be recovered by action on the
case before any court having jurisdiction thereof; and if any assessor shall die or
resign, the county commissioners' court shall appoint one, who shall perform the
duties of assessor until an assessor is elected according to law.

Sec. 105. No collector shall, either directly or indirectly, be permitted to take,
buy, shave or receive, by himself or agent, any auditor's warrant or warrants, at
less than the full sum due thereon to the holder of such warrant or warrants.

Sec. 106. Any collector, who shall violate the provisions of the foregoing sec-
tion, shall be liable to pay double the amount made by purchasing or shaving said
warrants at less than their face, in an action of debt, before any court of the proper
county ; one-half the amount so recovered, shall go to the person complaining, and
the other half shall be paid into the State treasury, and his office shall be vacated.

Sec. 107, Hereafter, the interest on the school fund belonging to the several
counties of this State, shall not be required to be paid into the State treasury ; but
the auditor shall, as now required by law, ascertain the amount payable to each
county, and certify the same to the collector, who shall thereupon' pay over to the
school commissioner of his county, such amount, and take his receipt therefor ; and
on settlement with the auditor, the said collector shall be credited with the amount
specified in said receipt, in the same manner as if it had been paid into the treasury.

Sec. 108. The following fees and compensation shall be hereafter allowed to
the following officers and persons herein named, for services rendered under the
provisions of this chapter : To each assessor, a sum not exceeding one dollar and a half
per day for every day necessarily employed in the performance of his duty as such as-
sessor, to be verified to the county commissioners' court ; one-half to be paid out of the
State treasury, and the other half out of the county treasury : to each collector, for col-
lecting and paying over taxes, five per cent, on the first thousand dollars, and three
per cent, on all additional sums paid over that amount ; the same to be paid by the
State and county, in proportion to the amount paid over to each. The collectors
of the several counties shall hereafter be allowed two dollars for every forty miles
necessary travel in going to, and returning from the seat of government, for the pur-
pose of paying over the State revenue, which sum shall be paid out of the State
treasury : to each clerk of the county commissioners' court, for making transcript
of lands listed for taxation, and of delinquent lands and town lots, sold to the State
for taxes and unredeemed, and for transmitting the list of lands sold for taxes, and
the list of lands unredeemed from sale to the State, to the auditor of public accounts,
one cent for each lot or tract included in each list ; one-half of the same to be paid
by the State, and the other half by the county : for assisting the collector in selling

REVENUE. 453

lands for taxes, ten cents for each lot, tract or parcel of land sold, for which a cer-
tificate is given, to be charged and collected as other costs : Provided, That no cer-
tificates shall be issued for lands or lots forfeited to the State. For adding to the
transcript for assessors, the auditor's list of lands which may have become taxable
during the preceding year, one cent for each lot or parcel of land so added, to be
paid out of the county treasury. To collectors, for each tract of land or town lot
sold for taxes, five cents, to be collected, as costs, but no costs shall be paid to col-
lectors on lands sold to the State, until the same are redeemed. For each collec-
tor's deed, twenty-five cents, and when more than one tract or lot is included there-
in, five cents for each additional tract or lot, to be paid to the collector by the per-
son receiving such deed. To each printer, for publishing advertisement of the sale
of lands for taxes, four cents for each lot or parcel of land advertised, to be paid
out of the State treasury, and afterwards taxed and collected as costs : Provided,
No fees shall be paid on the delinquent list until collected by the State.

Sec. 109. The following acts are hereby repealed, viz : "An act concerning
the public revenue," approved, February twenty-sixth, one thousand eight hundred
and thirty nine. An act supplementary thereto, approved, March first, one thou-
sand eight hundred and thirty-nine ; and "An act to amend an act entitled an act
concerning the public revenue, approved, February 26, 1839 , and "An act supple-
mental to said act," approved, March 1, 1839: approved, March sixth, one thou-
sand eight hundred and forty-three.

Sec 110. Taxes already levied, shall be collected under the provisions of the
acts hereby repealed, liabilities existing or hereafter to exist on the part of sheriffs,
collectors, clerks or other persons, under the provisions of said acts, shall be en-
forced in accordance with said provisions ; and also, the rights acquired by individ-
uals under any of the aforesaid laws.

Sec 111. In all cases of erroneous sales of any tract or tracts of land for
taxes, in any of the counties of this State, it shall be the duty of the clerk of the
county commissioners' court, under the direction of said court, to correct said error
or errors upon the books in his office, and to grant a certificate under the seal of
said court, certifying that such tract of land was erroneously sold, which certificate
being presented to the auditor of public accounts, it shall be the duty of the auditor
to credit the collector of said county with the amount of said erroneous sale. The
provisions of this chapter shall apply to all erroneous sales heretofore made in any
of the counties of this State.

Sec 112. The clerk of the circuit court in each of the counties of this State,
shall have, for each tract of land against which judgment is prayed for delinquent
taxes, the sum of three cents, and the clerk of the county commissioners' court, for
making out abstracts and delivering the same to the clerk of the circuit court, the
sum of two cents a tract: Provided also. That the clerk of the county commission-
ers' court shall be allowed one cent a tract for all other abstracts made out under
the provisions of this chapter, one-half to be paid by the State and one-half by
the county.

Sec 113. So much of any act or acts, as makes the deed of the collector or
sheriff, for lands sold for taxes, conclusive evidence that the land was advertised for
the time and in the manner required by law, or of any other fact or proceeding, shall
be and the same is hereby repealed, and said deed shall only be prima facie evi-
dence of such fact.

Approved : March 3, 1845.
[Amended: — See Appendix, Acts Nos. 25, 26, 27 and 28.]

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REVISED STATUTES. 455

Mandamus ; Marks and Brands ; Marriages ; Militia ; Mills and Millers ; Ne
Exeat and Injunctions ; Negotiable Instruments ; Negroes, Mulattoes, &c. ; Nota-
ries Public ; Oaths and Affirmations; Officers: Official Bonds ; Partitions; Pau-
pers ; Penitentiary ; Petitions ; Practice ; Printing and Binding ; Probate Court
Quo Warranto ; Records and Recorders ; Replevin ; Revenue ; Revised Statutes
Right of Property ; Right of Way ; Roads ; Saltpetre caves ; Seat of Government
Secretary of State ; Securities ; Schools and School lands ; Sheriffs and Coroners
Shows and Jugglers ; Slander ; Steam Boats ; Surveyors ; Trespass ; Venue
Warehouses ; Warrants of towns and cities ; Weights and Measures ; Wills
Wolves ; shall be published in one volume, to be denominated " The Revised
Statutes.''

Sec. 2. The following acts and parts of acts are hereby repealed, subject how-
ever to the restrictions, limitations and provisions of this chapter contained, that
is to say : —

An act relative to pleas in abatement, and the abatement of suits by the death of
parties — approved, December, 30, 1826.

An act to regulate actions of account — approved, January 11, 1827.

An act concerning the publication of advertisements — approved, December 28,
1836.

An act concerning amendments and jeofails — approved, January 11, 1827.

An act respecting apprentices — approved, December 30, 1836.

An act to apportion the representation of the several counties in this State —
approved, January 14, 1836.

An act regulating arbitrators and referees — approved, January 6, 1827.

An act to amend an act entitled "An act regulating arbitrators and referees" —
approved, March 1, 1833.

An act concerning attachments — approved, February 12, 1833.

An act to authorize the seizure of boats and other vessels by attachment in cer-
tain cases — approved, February 13, 1833.

An act to regulate proceedings by attachment before justices of the peace — ap-
proved, February 27, 1837.

An act relating to the attorney general and state's attorneys — approved, Februarv
17, 1827.

An act to amend an act relative to the duties of the office of attorney general of
this State — approved, February 5, 1833.

An act to amend an act entitled "An act relating to the attorney general and state's
attorneys — became a law, February 7, 1835.

An act concerning attorneys and counsellors at law— approved, March 1, 1833.

An act to consolidate the acts relative to the auditor and treasurer and election of
attorney general — approved, March 2, 1833.

An act in relation to bank collectors — approved, February 7, 1835.

An act concerning special bail — approved, January 26, 1827.

An act concerning bills of exchange — approved, December 28, 1826.

An act to provide for the taking of the census or enumeration of the inhabitants
of the State — approved, January 13, 1829.

An act prescribing the mode of proceeding in chancery — approved, Februarv
13, 1833.

An act to provide for issuing writs of ne exeat and habeas corpus, and for other
purposes — approved, February 11, 1835.

456 REVISED STATUTES.

An act to authorize clerks of the circuit and county commissioners' court to ap-
point deputies in certain cases — approved, February 9, 1831.

An act to compensate clerks and other persons for services rendered in compa-
ring poll books — approved, February 25, 1833.

An act requiring clerks of courts to renew their official bonds periodically — ap*
proved, February 26, 1833.

An act concerning conveyances of real property — approved, January 31, 1827.
An act authorizing courts of chancery to decree conveyances in certain cases — -
approved, December 17, 1824.

An act to amend the "Act concerning the conveyance of real property — approved,
January 31, 1827," and for other purposes — approved, January 22, 1829.

An act concerning conveyances by county commissioners — approved, January 7,
1835.

An act in relation to the title of school and canal lands — approved, January 16r
1837.

An act concerning conveyances — approved, July 21, 1837.
An act concerning the recording of conveyances — approved, July 21, 1837*
An act simplifying the mode of acknowledgment of sheriff's deeds — approved.)
January 16, 1836.

An act to incorporate counties — approved, January 3, 1827.
An act to compel the payment of certain moneys into the several county trea-
suries— approved, January 11, 1823.

An act to authorize additional poll books to be opened at the county seats of the
several counties in this State — approved, February 9, 1831.

An act establishing the courts of county commissioners — approved, March 22,
1819.

An act requiring the sevei'al clerks of this State to keep their respective offices
at the county seat— approved, January 11, 1823.

An act concerning public officers— approved, February 12, 1835.
An act to amend an act entitled "An act establishing the courts of county com-
missioners, approved, March 22, 1819" — approved, March 1, 1837.

An act to increase the compensation of county commissioners — approved, July
21, 1837.

An act authorizing and requiring the county commissioners' courts to cause
court houses and jails to be erected in each and every county in this State — ap-
proved, January 5, 1829.

An act to amend "An act concerning practice in courts of law, approved, January
29, 1827"— approved, December 30, 1828.

An act relating to courts of probate — approved, January 2, 1829.
An act establishing a circuit court north of the Illinois river — approved, January
8, 1829.
An act regulating the supreme and circuit courts- — approved, January 19, 1829.
An act to provide for a suitable place for holding the supreme court — approved,
January 22, 1829.

An act supplemental to the act entitled "An act regulating the supreme and cir-
cuit courts, approved, January 19, 1829" — approved January 23, 1829.

An act regulating the office of clerk of the supreme court — approved, February
15, 1831.

REVISED STATUTES. 457

An act supplemental to the several acts regulating the supreme and circuit courts
in this State — approved, February 16, 1831.

An act fixing the time of holding circuit courts in the counties of Madison and
Calhoun — approved, February 16, 1831.

An act regulating the terms of holding the circuit courts in this State — ap-
proved, March 2, 1833.

An act to establish a uniform mode of holding circuit courts — approved, January
7, 1835.
An act allowing appeals in certain cases — approved, January 31, 1835.
An act dividing the State into judicial circuits — approved, January 17, 1835.
An act regulating the times of holding the supreme and circuit courts, and fixing
the salary of the circuit judges — approved, February 13, 1835.

An act fixing the times of holding the circuit courts in the several counties
therein named — approved, January 16, 1836.

An act to amend an act entitled "An act regulating the times of holding the su-
preme and circuit courts, and fixing the salary of the circuit judges, approved,
February 13, 1835," — approved, January 12, 1836.

An act supplemental to the several acts relating to the circuit courts in this State,
approved, January 16, 1836.

An act supplemental to the several acts regulating the circuit courts in this State,
approved, January 16, 1836.

An act supplemental to an act changing the times of holding the circuit courts in
the third judicial circuit, passed at the present session of the General Assembly —
approved, January 16, 1836.

An act concerning process — approved, February 25, 1837.

An act to legalize certain process in the third and fifth judicial circuits — appro-
ved, January 19, 1837.

An act fixing the times of holding circuit courts in the several counties in the
fourth judicial circuit — approved, March 1, 1837.

An act prescribing the time of holding the circuit court in the county of Wash-
ington— approved, February 10, 1837.

An act fixing the terms of the courts in the first, sixth and seventh circuits —
approved, March 4, 1837.

An act forming an additional judicial circuit — approved, February 4, 1837.
An act to legalize processes in the circuit courts of this State — approved, July
20, 1837.

An act to amend an act concerning process, approved, February 25, 1837, and
for other purposes — approved, July 21, 1837.

An act concerning costs — approved, January 10, 1827.
An act relative to criminal jurisprudence — approved, February 26, 1833.
An act to regulate the apprehension of offenders, and for other purposes — appro-
ved, January 6, 1827.

An act to amend the "Act relative to criminal jurisprudence, approved, January
30, 1827"— approved, January 19, 1829.

An act to amend "An act to regulate the apprehension of offenders and for other
purposes, approved, January 6, 1827" — approved, February 11, 1837.

An act to regulate the taking of delivery bonds — approved, March 1, 1833.
An act regulating the mode of taking depositions, and to provide for the perpet-
uating of testimony — approved, February 9, 1827.

458 REVISED STATUTES.

An act concerning the action of detinue — approved, January 6, 1827.

An act amending the law concerning divorces — approved, January 12, 1827.

An act concerning divorces — approved, January 31, 1827,

An act amending the law concerning divorces, approved January 31, 1827 —
became a law, December 4, 1833.

An act to lay out the State into districts for the purpose of electing representa-
tives to the Congress of the United States — approved, February 15, 1831.

An act for the speedy assignment of dower and partition of real estate — approved,
February 6, 1827.

An act authorizing suits against persons whose names are unknown, in certain
cases — approved, February 27, 1837.

An act confirming grants of property made for the encouragement of education,
and for other purposes — approved, February 1,1831.

An act to simplify proceedings in the action of ejectment — approved, January
13, 1836.

An act to amend the act regulating elections — approved, February 9, 1827.

An act directing the mode of electing electors of president and vice president of
the United States — approved, January 11, 1827.

An act regulating elections — approved, January 10, 1829.

An act to amend an act entitled "An act to regulate elections," — approved, Feb-
ruary 28, 1833.

An act to amend an act entitled "An act to amend an act entitled an act to provide
for the election of justices of the peace and constables, approved, January 7, 1835,"
approved, February 6, 1835.

An act to amend an act entitled "An act to provide for the election of justices of
the peace and constables" — approved, January 7, 1835.

An act to amend "An act regulating elections — approved, January 29, 1835.

An act making the clerks of the county commissioners' courts, and county treas-
urers elective by the people — approved, February 7, 1837.

An act to regulate the inclosing and cultivating of common fields — approved,
February 23, 1819.

An act regulating inclosures — approved, February 20, 1819.

An act to amend an act regulating inclosures — approved, February 27, 1835.

An act regulating escheats — approved, March 1, 1833.

An act concerning estrays — approved, February 9, 1835.

An act declaring what shall be evidence in certain cases — approved, January 10,
1827.

An act regulating the salaries, fees and compensation of the several officers and
persons therein mentioned — approved, February 19,1827.

An act in addition to an act regulating the salaries, fees, and compensation of the
several officers and persons therein mentioned— approved, January 23, 1829.

An act to provide for the establishment of ferries, toll bridges and turnpike
roads — approved, February 12, 1827.

An act supplemental to an act entitled "An act to establish and regulate ferries,
approved, February 20, 1819" — approved, February 12, 1827.

An act to amend the several acts therein named relating to the several acts con-
cerning the establishing and regulating ferries in this State — approved, January
19, 1833.

An act for the incorporation of fire companies — approved, February 12, 1835.

REVISED STATUTES. 459

An act concerning forcible entry and detainer — approved, February 2, 1827.

An act amending an act entitled "An act concerning forcible entry and detainer,
approved, February 2, 1827" — approved, February 28, 1837.

An act for the prevention of frauds and perjuries — approved, February 16, 1827.

An act to prevent fraudulent devises, and for other purposes — approved, Febru-
ary 28, 1833.

An act concerning fugitives from justice — approved, January 6, 1827.

An act to restrain gaming — approved, January 16, 1827.

An act regulating the proceeding on writs of habeas corpus — approved, January
22, 1827.

An act for improving the breed of horses — approved, January 3, 1S29.

An act regulating the estates of idiots, lunatics and persons distracted, and for
other purposes — approved, February 12, 1823.

An act further to secure the property of idiots, lunatics and distracted persons —
became a law, January 19, 1831.

An act to provide for the maintenance of illegitimate children — approved, Janua-
ry 23, 1827.

An act to establish inspections within this State — approved, March 23, 1819.

An act establishing and regulating the inspection of tobacco in this State — appro-
ved, January 12, 1829.

An act to regulate the in'erest on money — approved, February 28, 1833.

An act regulating the interest on money — approved, March 2, 1819.

An act for the relief of insolvent debtors — approved, January 12, 1829.

An act to incorporate such persons as may associate for the purpose of procuring
and erecting public libraries in this State — in force, January 3], 1823.

An act supplemental to "An act to incorporate such persons as may associate for
the purpose of procuring and erecting public libraries in this State, approved, Jan-
uary 31, 1823" — approved, January 31, 1835.

An act to incorporate the inhabitants of such towns as may wish to be incorpora-
ted— approved, February 12, 1831.

An act further defining the powers and duties of trustees of incorporated towns,
approved, January 31, 1835.

An act concerning jails and jailers — approved, January 26, 1827.

An act concerning judgments and executions — approved, January 17, 1825.

An act prescribing the mode of summoning grand and petit jurors, and defining
their qualifications and duties — approved, February 7, 1827.

An act to amend " An act prescribing the mode of summoning grand and petit ju-
rors, and defining their qualifications- — approved, February 7, 1827 " — approved,
January 24, 1835.

An act to amend "An act prescribing the mode of summoning grand and petit ju-
rors, and defining their qualifications and duties" — approved, February 13, 1835.

An act to provide for the election of justices of the peace and constables — appro-
ved, December 30, 1826.

An act concerning justices of the peace and constables — approved, February 3,
1827.

An act supplemental to the act entitled "An act concerning justices of the peace
and constables — passed, February 3, 1827 " — approved, February 12, 1827.

An act to extend the jurisdiction of justices of the peace — approved, December
29, 1826.

460 REVISED STATUTES.

An act to amend an act entitled "An act to provide for the election of justices of
the peace and constables — approved, December 30, 1826" — approved, January 13,
1829.

An act to amend "An act concerning justices of the peace and constables, appro-
ved, February 13, 1827"— approved, January 23, 1829.

An act concerning justices of the peace and constables, and concerning Coles
county — approved, January 7, 1831.

An act to amend the acts concerning justices of the peace and constables — ap-
proved, March 1, 1833.

An act to extend the jurisdiction of justices of the peace in certain cases — ap-
proved, March 2, 1833.

An act to extend the jurisdiction of justices of the peace in certain cases therein
named — approved, February 13, 1835.

An act to provide for the election of probate justices of the peace — approved,
March 4, 1837.

An act to amend an act entitled an act to amend "An act concerning justices of
the peace and constables, approved, February 13, 1827" — approved, January 23,
1829— approved, July 21, 1837.

An act to amend an act to provide for the election of probate justices of the peace,
approved, July 21, 1837.

An act concerning occupying claimants of land — approved, February 23, 1819.

An act to enable persons to remove fences made by mistake on the lands of other
persons — approved, February 23, 1819.

An act to provide for the collection of demands growing out of contracts for sales
of improvements on public lands — approved, February 15, 1831.

An act concerning landlords and tenants — approved, February 13, 1827.

An act to amend an act entitled an act concerning landlords and tenants — became
a law, January 4, 1831.

An act to define the extent of possession in cases of settlement on the public
lands — approved, February 27, 1837.

An act concerning the revival of statutes — approved, January 19, 1826.

An act authorizing the Governor of this State to transmit the acts of the General
Assembly of this State to the executives of the several States and Territories in Ihe
United States, and to the department of State of the United States — approved, Jan-
uary 1, 1819.

An act regulating the publication and distribution of the laws and journals of the
General Assembly — approved, January 14, 1827.

An act declaring what laws are in force in this State — approved, February 4, 1819.

An act to repeal certain laws — approved, March 30, 1819.

An act declaring what laws of a general nature shall be published with the acts
of a general nature of this session — approved, March 2, 1833.

An act relative to printing certain acts, and for other purposes — approved, Febru-
ary 27, 1833.

An act prescribing the manner of authenticating acts of the General Assembly,
which may become laws, notwithstanding the objections of the council of revisions-
approved, December 26, 1826.

An act to authorize the secretary of State to procure the binding of the unbound
copies of the laws of Congress, and the several States — approved, February 22, 1833.

REVISED STATUTES. 461

An act requiring merchants, auctioneers, peddlers and others engaged in the sale
of goods, wares and merchandize, in this State, to procure a license 1'or that purpose,
under the penalties therein prescribed — approved, February 16, 1831.

An act to amend an act entitled an act requiring merchants, auctioneers, peddlers
and others engaged in the sale of goods, wares and merchandize, in this State, to
procure a license for that purpose, under the penalties therein named — approved,
March 2, 1833.

An act for the limitation of actions, and for avoiding vexatious law suits — ap-
proved, February 10, 1827.

An act to amend "An act for the limitation of actions, and for avoiding vexatious
law suits, approved, February 10, 1827"- — approved, January 17, 1835.

An act to amend an act entitled "An act for the limitation of actions, and for avoid-
ing vexatious law suits" — approved, February 11, 1837.

An act concerning marks and brands — approved, February 6, 1835.

The fourteenth and fifteenth sections of an act respecting crimes and punish-
ments— approved, March 23, 1819.

An act to regulate proceedings on writs of mandamus — approved, January 6, 1827.

An act concerning marriages— approved, February 14, 1827.

An act for the benefit of mechanics — approved, February 22, 1833.

An act regulating mills and millers — approved, February 9,1827.

An act concerning minors, orphans and guardians — appro\ed, February 5, 1827.

An act to amend "An act concerning minors, orphans and guardians, approved,
February 4, 1827"— approved, February 7, 1831.

An act to amend an act entitled " An act concerning minors, orphans and guardi-
ans"— approved, March 4, 1837.

An act for the organization and government of the militia of this State — approved,
March 2, 1833.

An act to amend an act entitled "An act for the organization and government of
the militia of this State, approved, March 2, 1833" — approved, March 4, 1837.

An act encouraging volunteer companies — approved, March 2, 1837.

An act respecting free negroes, mulattoes, servants and slaves — approved, March
30, 1819.

An act to amend an act entitled "An act respecting free negroes, mulattoes, ser-
vants and slaves — approved, January 17, 1829" — approved, February 1, 1831.

An act respecting free negroes, mulattoes, servants and slaves — approved, Janua-
ary 17, 1829.

An act to amend an act entitled " An act respecting free negroes, mulattoes, ser-
vants and slaves — approved, March 30, 1819" — approved, March 1, 1833.

An act regulating the issuing of writs of ne exeat and injunctions — approved, Jan-
uary 22, 1827.

An act for the appointment of notaries public — approved, December 30, 1828.

An act to amend an act entitled "An act for the appointment of notaries public,
approved, February 2, 1819 "—approved, January 12, 1833.

An act in addition to the act concerning oaths and affirmations — approved, Febru-
ary 9, 1831.

An act concerning oaths and affirmations — approved, December 26, 1826.

An act concerning partitions and joint rights and obligations — approved, January

13, 1821.

An act regulating the mode of granting license to clock peddlers — in force, Jan-
uary 31, 1835.

462 REVISED STATUTES.

An act to regulate the penitentiary — approved, February 19, 1833.

An act to amend an act entitled " An act to regulate the penitentiary, approved,
February 19, 1833 "—approved, February 9, 1835.

An act to amend the several acts in relation to the penitentiary — approved, Janu-
ary 18, 1836.

An act in relation to the penitentiary — approved, July 21, 1837.

An act requiring persons who petition the General Assembly, to give certain no-
tices, before such petitions are finally acted upon — approved, December 26, 1826.

An act for the relief of the poor — approved, March 1, 1833.

An act to amend an act entitled "An act for the relief of the poor, approved,
March 1, 1833"— approved, February 13, 1835.

An act relative to promissory notes, bonds, due-bills and other instruments in wri^
ting, and making them assignable — approved, January 3, 1827.

An act regulating the practice in the supreme and circuit courts of this State, and
for other purposes — approved, March 22, 1819.

An act concerning practice in courts of law — approved, January 29, 1827.

An act concerning practice — approved, February 2, 1837.

An act to amend an act entitled " An act concerning practice in courts of law, ap^
proved, January 29, 1827" — approved, March 1, 1833.

An act simplifying proceedings at law for the collection of debts — approved,
February 25, 1833.

An act to amend the practice act of 1827 — approved, February 7, 1835.

An act concerning appeals and writs of error — became a law, December 6, 1836.

An act to amend the act entitled "An act concerning practice in courts of law —
approved, January, 29, 1827" — approved, July 21, 1837.

An act concerning public arms — approved, March 1, 1833.

An act concerning ancient books, papers and records — approved, January 30, 1821,

An act providing a summary mode to recover public records, papers, and other
public property illegally withheld — approved, February 15, 1831.

An act requiring certain official reports to be made to the General Assembly — -
approved, February 20, 1819.

An act relative to several officers therein named — approved, January 22, 1829.

An act to provide for the preservation of the property of the State — approved,
February 15, 1827.

An act concerning public records — approved, February 9, 1835.

An act to provide for transcribing certain records therein named — approved,
February 12, 1835.

An act supplemental to an act entitled "An act concerning public records, appro-
ved, February 9, 1835" — approved, January 18, 1836.

An act denning the duties of public printer, and fixing the time and manner of
performing the same — approved, January 24, 1835.

An act concerning the publication of the laws and journals — approved, January
16, 1836.

An act in relation to the public printer — approved, March 4, 1837.

An act to regulate proceedings upon information in the nature of a quo warranto,
approved, December 28, 1826.

An act to regulate the action of replevin — approved, January 29, 1827.

An act relating to the office of recorder — approved, January 8, 1829.

An act to provide for (he election of county recorders and surveyors — became a
law, February 11, 1835.

REVISED STATUTES. 463

An act supplemental to an act to provide for the election of county recorders and
surveyors — approved, February 13, 1835.

An act concerning religious societies — approved, February 6, 1835.

An act for the relief of certain persons whose lands have been sold for taxes — -
approved, February 13, 1827.

An act to provide for raising a revenue — approved, February 19, 1827.

An act supplemental to an act entitled an act to provide for raising a revenue —
approved, January 19, 1829.

An act to amend the several revenue laws of this State — approved, February 12,
1831.

An act concerning the public revenue — approved, February 27, 1833.

An act in addition to an act, supplemental to an act entitled an act to provide for
raising a revenue — approved, February 12, 1835.

An act concerning the redemption of lands sold for taxes— approved, January
13, 1836.

An act concerning the public revenue — approved, January 15, 1836.

An act concerning the surplus revenue — approved, March 4, 1837.

An act concerning the public revenue of the county of Warren — approved, March
2, 1837.

An act supplementary to an act to amend an act to provide for raising a revenue —
became a law, December 6, 1836.

An act relative to the duty of county treasurers and sheriffs — approved, July 22,
1837.

An act authorizing the clerks of the county commissioners' courts to list certain
lands — approved, July 21, 1837.

An act concerning the public revenue — approved, July 21, 1837.

An act concerning the right of way, and for other purposes — approved, February

28, 1833.

An act prescribing the mode of trying the right of property — approved, January

29, 1827.

An act to amend an act regulating the mode of trying the right of property — .
approved, January 30, 1835.

An act concerning public roads — became a law, February 12, 1827.

An act to amend an act to provide for the establishment of ferries, toll-bridges
and turnpike roads, approved, February 12, 1827 — approved, January 22, 1829.

An act concerning public roads — approved, February 3, 1835.

An act declaratory of the law in relation to the road tax — approved, January I6y
1836.

An act to amend an act concerning public roads — approved, January 18, 1836.

An act to amend an act entitled an act to amend an act concerning public roads,
approved, January 18, 1836 — approved, March 3, 1837.

An act concerning public roads — approved, July 20, 1837.

An act to provide for inclosing and guarding saltpetre caves in this State — -
approved, February 6, 1835.

An act amending the act providing for the establishment of free schools, approved,
January 15, 1825, and for other purposes — approved, February 17, 1827.

An act providing for the establishment of free schools — approved, January 15,
1825.

464 REVISED STATUTES.

An act denning and regulating the duties and term of service of the secretary of
State — approved, February 14, 1831.

An act to provide for all seals that may be necessary in the several official depart-
ments of the State of Illinois — approved, February 19, 1819.

An act to provide for the relief of securities in a summary way in certain cases —
approved, March 24, 1819.

An act permanently to locate the seat of government of the State of Illinois— ap-
proved, February 25, 1837.

An act supplemental to an act to permanently locate the seat of government of
Illinois — approved, March 3, 1837.

An act concerning sheriffs and coroners — approved, February 12, 1827.
An act to amend an act entitled an act concerning sheriffs and coroners, approved,
February 12, 1827— approved, February 7, 1831.

An act concerning sheriffs and coroners— approved, January 7, 1831.
An act prescribing the duties of coroners — approved, January 20, 1821.
An act to prohibit shows of wax figures, tricks of jugglers, &c, — approved, Jan-
uary 23, 1829.
An act declaring certain words actionable — approved, December 27, 1822.
An act abolishing the office of State Recorder — approved, January 18, 1833.
An act concerning the payment of money out of the State treasury- — approved,
February 12, 1833.

An act concerning the State treasurer — approved, January 11, 1831.
An act providing stationery and firewood for the use of the General Assembly —
approved, January 6, 1825.

An act to prevent disasters on steamboats navigating the waters within the juris-
diction of Illinois — approved, July 21, 1837.

An act for the protection of stock against castor beans — approved, January 16,
1836.

An act^ regulating the appointment and duties of county surveyors — -approved,
January 14, 1829.

An act directing the mode of bringing suits by or against the State- — approved,
January 3, 1829.

An act to prevent the selling of spirituous liquors in this State, and for other pur-
poses— approved, February 14, 1823.

An act to license and regulate taverns — approved, February 27, 1819.
An act to amend an act to license and regulate taverns— approved, February 12,
1835.

An act to amend the act to license and regulate taverns — became a law, February
10, 1837.
An act to provide for the recording of town plats — approved, February 27, 1833.
An act to prevent trespassing by cutting timber — approved, February 27, 1819.
An act to amend an act to prevent trespassing by cutting timber, approved, Feb-
ruary 27, 1819— approved, February 25, 1833.

An act to provide for changing the venue in civil and criminal cases — approved,
January 23, 1827.

An act relative to wills and testaments, executors and administrators, and the
settlement of estates — approved, January 23, 1829.

An act to amend an act entitled an act relative to wills and testaments, executors
and administrators, and the settlement of estates — approved, February 14, 1831.

REVISED STATUTES. 465

An act supplementary to an act entitled an act relative to wills and testaments,
executors and administrators, and the settlement of estates — approved, February
25, 1833.

An act supplemental to an act entitled an act relative to wills and testaments,
executors and administrators, and the settlement of estates — approved, January 23,
1829— approved, March 1, 1833.

An act supplemental to an act relative to wills and testaments — approved, Jan-
uary 27, 1 835.

An act for increasing the penalty of the treasurer's bond — approved, March 1, 1837.

An act to preserve good order in all worshipping congregations and societies in
this State — approved, March 1, 1833.

An act concerning the public revenue — approved, February 26, 1 839.

An act supplementary to an act concerning the public revenue— approved, March
1,1839.

An act legalizing process issued by judges and justices of probate — approved,
January 7, 1839.

An act to authorize committees, of the General Assembly to swear witnesses —
approved, January 7, 1839.

An act for the amending the act entitled an act to provide for the election of
justices ©f the peace and constables, approved, 30th December, 1836 — approved,
January 12, 1839.

An act to amend an act entitled an act to prevent trespasses by cutting timber,
approved, 27th of February, 1819 — approved, January 12, 1839.

An act to amend an act entitled an act prescribing the mode of proceeding in
chancery — approved, January 24, 1839.

An act to amend an act entitled an act concerning judgments and executions, ap-
proved, January 17, 1825 — approved, February 6, 1839.

An act regulating tavern and grocery licenses — approved, March 2, 1839.

An act supplemental to an act entitled an act to regulate the action of replevin,
approved, January 29, 1827 — approved, February 12, 1839.

An act to prohibit the circulation of bank notes of a less denomination than five
dollars — became a law, December 4, 1838.

An act in relation to garnishees — approved, February 12, 1839.

An act to amend an act concerning justices of the peace and constables — approved,
February 3, 1827— approved, February 12, 1839.

An act regulating the salaries of the judges of the supreme court — approved, Feb-
ruary 12, 1839.

An act regulating the time of holding the circuit court in the second judicial cir-
cuit— approved, February 15, 1839.

An act to amend an act entitled "An act regulating elections, in force, June 1,
1829"— approved, February 15, 1839.

An act to prohibit betting on elections — approved, February 15, 1839.

An act to amend an act concerning the right of way — approved, February 12,
1839.

An act supplemental to the act entitled "An act to define the extent of posses-
sion in eases of settlement on the public lands, approved, February 27, 1837 — ap-
proved, February 16, 1839.

An act to amend an act entitled " An act for the relief of the poor — approved,
March 1, 1833 "—approved, February 21, 1839.
30

466 REVISED STATUTES.

An act to provide for the appointment of notaries public — approved, February

22, 1839.

An act dividing the State into judicial circuits — approved, February 23, 1839.

An act relating to service of process against corporations — approved, February
19, 1839.

An act to define the manner of proceeding in petitioning the General Assembly
for locating or altering State roads — approved, February 27, 1839.

An act to regulate public carriages and the law of the road — approved, February

23, 1839.

An act supplementary to an act prescribing the mode of trying the right of pro-
perty— approved, February 27, 1839.

An act to amend the act entitled "An act declaring what shall be evidence in cer-
tain cases — approved, January 10, 1827" — approved, February 27, 1839.

An act further to provide for the release and extinction of mortgages — approved,
February 27, 1839.

An act to amend the act entitled "An act to provide for changing the venue in
civil and criminal cases, approved, January 23, 1827 — approved, February 29, 1839.

An act to amend an act regulating the mode of trying the right of property —
approved, February 28, 1839.

An act fixing the salary of the Governor, and requiring him to reside at the
seat of government — approved, March 1, 1839.

An act to amend the law in relation to sheriffs and coroners — approved, March

1, 1839.

An act defining and regulating proceedings in the action of ejectment — approved,
March 2, 1839.

An act to protect the Cumberland road and to prevent trespasses — approved,
March 2, 1839.

An act fixing the time of holding the supreme court, and the circuit courts in the
first, sixth, seventh, eighth and ninth circuits — approved, March 2, 1839.

An act to provide for the probate of wills in certain cases — approved, March

2, 1839.

An act to quiet possessions and confirm titles to land — approved, March 2, 1839.

An act relating to the duties of county commissioners — approved, March 2, 1839.

An act to amend the several laws in relation to practice in courts of law, and
for the benefit of A. McPhail and T. C. Kirkman— approved, March 2, 1839.

An act to amend the act concerning marriages — approved, March 2, 1839.

An act to fix the time of holding courts in the several counties composing the
fifth judicial circuit — approved, March 2, 1839.

An act in relation to the penitentiary— approved, March 2, 1839.

An act to amend an act entitled "An act establishing and regulating the inspection
of tobacco in this State — approved, January 12, 1829" — approved, March 2, 1839.

An act to change the time of holding courts in the third judicial circuit in this
State — approved, March 2, 1839.

An act to amend the several laws, in relation to appeal bonds, and the trial of
appeals — approved, March 2, 1839.

An act to amend an act concerning the public revenue, approved, February 26,
1839— approved, February 1, 1840.

An act fixing the time of holding the circuit courts in the eighth judicial circuit,
approved, February 1, 1840.

REVISED STATUTES. 467

An act concerning attachments — approved, January 31, 1840.

An act to amend an act concerning attachments — approved, February 12, 1833,"
approved, January 31, 1840.

An act providing for the binding of the laws and journals — approved, January 31,
1840.

An act to amend the law in relation to change of venue — approved, February
1, 1840.

An act to amend an act concerning justices of the peace and constables — approved,
February 3, 1827 — approved, February 1, 1840.

An act to amend an act regulating the publication and distribution of the laws
and journals of the General Assembly — approved, January 29, 1840.

An act. in relation to the publication of the reports of the decisions of the supreme
court ofthe State of Illinois — approved, February 1, 1840.

An act concerning sheriffs, coroners, constables, justices ofthe peace and probate
justices ofthe peace — approved, February 1, 1840.

An act fixing the times of holding courts in the sixth judicial circuit — approved,
January 29, 1840.

An act to amend the several laws in relation to appeals — approved, February 3,
1840.

An act regulating the time of holding the court in the counties of Clinton and
Bond — approved, February 3, 1840.

An act to provide for securing to mechanics and others, liens, for the value of
labor and materials — became a law, December 10, 1839.

An act authorizing administrators to settle estates in particular cases — approved,
February 17, 1841.

An act concerning assessors — approved, February 26, 1841.

An act to authorize the appointment of assessors in certain cases — approved, Feb-
ruary 27, 1841.

An act further defining the duties ofthe attorney general and for other purposes,
approved, February 26, 1841.

An act creating a board of auditors to settle the accounts of contractors on public
works — approved, February 26, 1841.

An act to prevent the unlawful driving away of cattle and other stock, by drovers
and others — approved, February 3, 1841.

An act to prevent collectors from speculating in auditor's warrants — approved,
February 19, 1841.

An act relating to the recording or registering of conveyances or other instru-
ments in writing, executed out of this State and within the United States — approved,
February 26, 1841.

An act concerning county seats and county lines — approved, February 27, 1841.

An act to change the time of holding courts in the second judicial circuit — ap-
proved, February 7, 1841.

An act fixing the time of holding courts in the sixth judicial circuit — approved,
January 20, 1841.

An act fixing the time of holding the circuit courts in the first judicial circuit

approved, February 3, 1841.

An act to establish circuit courts — approved, February 23, 1841.

An act supplemental to "An act to establish circuit courts, approved, February
23, 1841"— approved, February 26, 1841.

468 REVISED STATUTES.

An act to amend an act entitled "An act confirming grants of property, made for
the encouragement of education, and for other purposes, approved, February 1,
1831"— approved, February 18, 1841.

An act to amend and explain the election law, approved, January 10, 1821 —
approved, February 20, 1841.

An act regulating evidence in certain cases — approved, February 17, 1841.

An act to facilitate the collection of judgments by executors and administrators,
approved, February 19, 1841.

An act to amend an act concerning judgments and executions, approved, January
17, 1825 — approved, February 19, 1841.

An act to exempt certain articles from execution — approved, February 26, 184L

An act re-organizing the judiciary of Illinois — became a law, February 10, 1841.

An act to amend the several acts in relation to constables — approved, February
26, 1841.

An act to amend an act entitled "An act to regulate tavern and grocery licenses,"
approved, February 17, 1841.

An act in relation to peddlers — approved, February 27, 1841.

An act supplemental to an act to amend an act entitled "An act to regulate taverns
and groceries" — approved, February 18, 1841.

An act to enable purchasers of real estate to ascertain whether the same is free
from incumbrances, and to prevent secret liens of attachment and executions — ap-
proved, February 26, 1841.

An act in relation to free negroes and mulattoes — approved, February 19, 1841.

An act in relation to paupers — approved, February 21, 1841.

An act to amend "An act simplifying proceedings at law, for the collection of
debts — approved, February 25,1833" — approved, February 23, 1841.

An act supplemental to an act defining the duties of public printer, and fixing the
time and manner of performing the same — approved, February 23, 1841.

An act concerning public roads — approved, February 20, 1841.

An act to incorporate academies and seminaries of learning — approved, March 6,
1843.

An act to fix the tenure of certain officers — approved, February 21, 1843.

An act amending the several acts relating to attachments — approved, February
23, 1843.

An act concerning attorneys and counsellors at law — approved, March 4, 1843.

An act to amend an act entitled "An act to consolidate the acts relative to the
auditor and treasurer, and the election of attorney general, approved, March 2,
1833"— approved, March 4, 1843.

An act in relation to official bonds — approved, January 28, 1843.

An act to prevent cities or towns from issuing warrants to circulate as money —
approved, March 4, 1843.

An act to regulate the fees of the clerks of circuit courts, in case of naturalization
of foreigners — approved, February 24, 1843.

An act in relation to clerks of circuit courts — approved, March 6, 1843.

An act to establish seven congressional districts — approved, March 1, 1843.

An act to extend the jurisdiction of the several counties bordering on the Mis-
sissippi and Wabash rivers — approved, March 4, 1843.

An act to authorize county commissioners' courts to assess taxes, for road pur-
poses— approved, March 4, 1843.

REVISED STATUTES. 469

An act for the regulating of county treasuries and county funds — approved, Feb-
ruary 25, 1843.

An act to authorize county commissioners to lease certain rooms — approved, Feb-
ruary 21, 1843.

An act in relation to the supreme court — approved, March 3, 1843.

An act supplemental to "An act concerning estrays," in force, February 9, 1835 —
approved, March 4, 1843.

An act to amend "An act concerning estrays," approved February 9, 1835 — ap-
proved, March 6, 1843.

An act concerning evidence in certain cases — approved, February 24, 1843.

An act to exempt certain articles from execution — approved, March 4, 1843.

An act relating to docket fees — approved, March 4, 1843.

An act to amend "An act to provide for the establishment of ferries, toll bridges
and turnpike roads — approved, February 12, 1827 — approved, February 1, 1843.

An act for the better security of State, county and township funds— approved,
February 28, 1843.

An act to punish the crime of incest — approved, February 7, 1843.

An act to authorize and direct the secretary of State to receive and preserve
geological specimens, and for other purposes — approved, March 4, 1843.

An act to repeal an act entitled an act to regulate foreign insurance company
agencies established in the State of Illinois, and for other purposes — approved,
March 4, 1843.

An act in relation to judgments and executions — approved, February 25, 1843.

An act to allow grand and petit jurors mileage — approved, March 4, 1843.

An act regulating the manner of selecting juries in certain cases — approved, Feb-
ruary 1, 1843.

An act in relation to the distribution of the laws and documents of the congress

o

of the United States — approved, February 22, 1843.

An act to amend an act entitled an act providing for the binding of the laws and
journals — approved, January 31, 1840 — approved, February 23, 1843.

An act to amend an act entitled an act regulating mills and millers — approved,
February 7, 1827— approved, March 3, 1843.

An act in relation to the penitentiary — approved, March 2, 1843.

An act relative to probate justices of the peace — approved, February 1, 1843.

An act to amend the several laws in relation to the trial of the right of property
before justices of the peace — approved, February 2, 1843.

An act supplemental to the several acts defining the duties of the public printers-
approved, March 4, 1843.

An act to authorize the county commissioners' courts to erect fire proof offices
for the preservation of county records — approved, February 24, 1843.

An act to establish a mode to register births and deaths — approved, March 3, 1843.

An act for the relief of certain securities therein named — became a law, Decem-
ber 6, 1842.

An act concerning the State library — approved, December 15, 1842.

An act to regulate weights and measures — approved, March 4, 1843.

An act to amend an act relative to wills and testaments, executors and adminis-
trators and the settlement of estates — approved, January 23, 1829 — approved, March
6, 1843.

An act authorizing counties to give a bounty on wolf scalps — approved, February
15, 1843.

470 REVISED STATUTES.

Sec. 3. The following acts and parts of acts passed at the present session, the
provisions thereof having been incorporated in and made part of the several chap-
ters composing the Revised Statutes, are hereby repealed, subject to the restrictions,
limitations and provisions in this chapter contained, that is to say :

An act to regulate mortgages on personal property — approved, January 17, 1845.

An act to amend an act for the speedy assignment of dower and partition of real
estate— approved, February 6, 1827— approved, January 21, 1845.

An act to amend an act directing the mode of electing electors of President and
Vice President of the United States— approved, January 11, 1827— approved, Jan-
uary 21, 1845.

An act to amend an act entitled an act relative to criminal jurisprudence — ap-
proved, February 26, 1833— became a law, December 2, 1844.

An act to amend an act exempting certain articles from execution — approved,
January 23, 1845.

An act requiring county orders to be countersigned by county treasurers — ap-
proved, January 23, 1845.

Sec. 4. In addition to the several acts hereinbefore enumerated, all acts and
parts of acts, passed previous to the present session of the General Assembly, the
subjects whereof are revised and re-enacted in the Revised Statutes, as well as all
other acts and parts of acts, the provisions of which are repugnant to the provis-
ions therein contained, are hereby repealed ; subject, however, to the provisions, lim-
itations and restrictions in this chapter contained.

oec. 5. All laws of a general and public nature passed at the present session
oi the General Assembly, the subjects whereof are not revised nor incorporated
in the several chapters composing the Revised Statutes, shall be published and bound
in the volume of Revised Statutes.

oec. 6. Such acts and parts of acts of a general and public nature, passed pre-
vious to the present session of the General Assembly, as are neither repealed nor
incorporated and made part of the Revised Statutes, and which are necessary to
preserve the meaning of, and perfect the laws enacted, shall be published and
bound in the volume of Revised Statutes.

Sec. 7. There shall be published in the manner hereinafter provided, an edi-
tion of ten thousand copies of the Revised Statutes.

Sec. 8. The declaration of independence — the articles of confederation — the
constitution of the United States, with its amendments— the constitution of this
State — the ordinance cf July 13, 1787 — the ordinance of the convention of this
State, adopted, August 26, 1818, shall be published with the Revised Statutes.

Sec. 9. The chapters composing the Revised Statutes, shall be published in
numerical order, alphabetically arranged, under proper heads and titles, with com-
plete and full index to the whole ; and at the head of each chapter, there shall be
brief notes of the contents of each clause or section in numerical order.

Sec. 10. The person heretofore appointed to revise the laws of this State is
hereby appointed and required to superintend the publication of the Revised Statutes,
arrange the order of publication, prepare the notes and index, examine and correct
the proof sheets, and cause all clerical and typographical errors to be corrected, so
far as he may discover the same.

Sec. 11. The edition of the Revised Statutes, hereby authorized to be published,
shall be printed on paper equal in quality to that used in the fourth volume of
Scammon's reports ; on new type of size and quality to be approved by the super-

REVISED STATUTES. 471

intendent, and shall be published in one volume of royal octavo size, bound in full
law binding, equal in style, finish and durability to the binding of the fourth volume
of Scammon's reports, and appropriately lettered on the back in gilt lettering, "Re-
vised Statutes," "Illinois," "1845."

Sec. 12. It shall be the duty of the superintendent to contract for the paper to
be used in printing the Revised Statutes, of the quality in the preceding section spe-
cified, and at the lowest possible price j and on the delivery of such paper, he shall
present his certificate, approved by the Governor, to the auditor, who shall there-
upon issue his warrant upon the treasurer, in favor of the proper person, for the
amount.

Sec. 13. In preparing the work for publication, errors which may have oc-
curred in the numbering of the several chapters and sections, or in reference
thereto, and which remain in the enrolled chapters, may be corrected and the prop-
er numbers and references inserted ; and words inserted or omitted by clerical
mistake, may be omitted or supplied without brackets.

Sec. 14. It shall be the duty of the secretary of State, to cause to be copied, the
several chapters composing the Revised Statutes, and all other laws passed at the
present session of the General Assembly, which are required to be published with
the Revised Statutes, and to furnish the same to the superintendent in such order and
at such times as he may require.

Sec 15. It shall be the duty of the superintendent, to furnish the public printer,
within ten days after the adjournment of the General Assembly, with copy suffi-
cient for the commencement of the work, and continue to furnish such copy as
rapidly as the same shall be needed.

Sec. 16. The public printer shall, immediately on the receipt of such copy, pro-
ceed with the work, and as the forms are printed, deliver the sheets well pressed
and in good order to the binder — the printing to be completed and the whole deliv-
ered to the binder before the first day of July next: Provided, That if there be
delay in procuring the paper for said work, the time fixed for the completion of the
printing, may be extended, not to exceed twenty days.

Sec 17. The binder shall bind the volumes as by law required, and deliver to
the secretary of State, within twenty days after the sheets of the last form are de-
livered to him, one thousand copies ; within twenty days thereafter, one thousand
copies ; by the tenth of September next, two thousand copies ; and the balance by
the twenty-fifth day of December next : Provided, That if the printer shall fail to
deliver the last form of printed sheets, at the time and in the manner required, the
binder shall have additional time, equal to the time so lost, in which to deliver the
work to the secretary of State.

Sec 18. For any delay or failure on the part of the printer or binder, they shall
be subject to the provisions and forfeitures prescribed in chapter eighty-four of the
revised statutes.

Sec 19. The copies of the Revised Statutes and of the laws passed at the present
session of the General Assembly, which are required to be furnished by the sec-
retary of State to the superintendent, shall be certified by the secretary of State to
be true copies of the originals ; and the certificate of the superintendent, that the
printed chapters and acts contained in the volume of Revised Statutes are correctly
published from such certified copies, with the exception of such corrections of
clerical errors and mistakes, as are authorized in this chapter to be made, shall be

472 REVISED STATUTES.

deemed in all courts and places a sufficient authentication of the several chapters
and acts contained in the work so published.

Sec. 20. When the printer and binder shall have completed their respective
portions of the work according to law, their accounts therefor shall be audited and
paid as in other cases.

Sec. 21. The Revised Statutes shall be distributed to the officers and persons,
entitled thereto, in the same manner as is provided by law for the distribution of
the ordinary laws of the General Assembly.

Sec. 22. Whenever the provisions of any law passed at the present session and
published with the chapters composing the Revised Statutes, without being incor-
porated in the same, shall contravene, or be inconsistent with the provisions of
such chapters, the provisions of such law shall prevail.

Sec 23. If the provisions of 'different chapters of the Revised Statutes conflict
with, or contravene each other, the provisions of each chapter shall prevail as to all
matters and questions growing out of the subject matter of such chapter.

Sec 24. If conflicting provisions be found in different sections of the same
chapter, the provisions of the section which is last in numerical order, shall prevail,
unless such construction be inconsistent with the meaning of such chapter.

Sec 25. The term "court" as used in the Revised Statutes, shall, in all necessary
cases, be deemed to refer as well to probate justices of the peace, justices of the
peace, and tribunals established by law in cities or incorporated towns, as to courts
of record.

Sec 26. No act, or part of an act, repealed by another act of the General As-
sembly, shall be deemed to be revived by the repeal of such repealing act.

Sec 27. Whenever in the Revised Statutes or any other statute, words impor-
ting the singular number only, are used, such words shall be deemed to extend to
several persons, matters or things, and words importing the plural number only,
such words, shall in like manner be deemed to extend to one person, matter or thing?
as well as to several persons, matters or things.

Sec 28. When any party or person is described or referred to by words im-
porting the masculine gender, females as well as males shall be deemed to be in-
cluded.

Sec 29. The word "person" or "persons," as well as all words referring to,
or importing persons, shall be deemed to extend to and include bodies politic and
corporate, as well as individuals.

Sec 30. Whenever the term "heretofore," occurs in any chapter or statute,
it shall be construed to mean any time previous to the day on which such chapter
or statute takes effect, and the term "hereafter" shall be construed to mean the
time after the chapter or statute containing such term shall take effect.

Sec 31. The word "insane person," or the word "insane" shall be construed
to include every idiot, non-compos, lunatic or distracted person.

Sec 32. The word "month" shall be construed to mean a calender month, and
the word "year" a calender year unless otherwise expressed.

Sec 33. The word "oath" shall be deemed to include an affirmation, and the
word "sworn" shall be construed to include the word "affirmed."

Sec 34. The word "State" when applied to different parts of the United
States, may be construed to include the District of Columbia, and the several ter-
ritories ; and the words "United States," may be construed to include the said
District and territories.

REVISED STATUTES. 473

Sec. 35. The term "laws now in force," whenever it occurs in the Revised
Statutes, shall be construed to mean, the statutes and laws in force immediately
previous to the final passage of the chapter containing such term.

Sec. 36. The rules of construction prescribed in the preceding sections, shall
apply in all cases, unless it be otherwise specially provided, or unless there be
something in the subject or context repugnant to such construction ; and all gener-
al provisions, terms, phrases and expressions used in any statute, shall be liberally
construed, in order that the true intent and meaning of the General Assembly may '
be fully carried out.

Sec 37. The Revised Statutes shall take effect and go into operation as laws,
on the tenth day of September next, and not before; and all acts and parts of acts,
consolidated or included in the Revised Statutes or therein repealed, shall continue
and be in full force and effect until said day, as fully and completely as though the
Revised Statutes had not passed : Provided, That the provisions of this section
shall not extend to or suspend the operation of section one, sections from five to
twenty inclusive, sections thirty-five and forty of this chapter, but such sections
shall take effect from and after the adjournment of the General Assembly.

Sec 38. The repeal of any act or acts by the provisions of this chapter, shall
not affect any act or thing done, nor any right accruing, accrued or established, or
any suit or proceeding had in any civil case, prior to the time when the Revised
Statutes shall go into effect; but the proceedings in every case, when necessary,
shall be conformed to the Revised Statutes.

Sec 39. No crime or offence committed, and no penalty or forfeiture incurred,
previous to the time when such repeal shall take effect, shall be affected by such
repeal ; except that when any punishment, penalty or forfeiture shall have been
mitigated by the provisions of the Revised Statutes, such provisions may be ex-
tended to and applied to any judgment to be pronounced after such repeal.

Sec 40, No suit, or prosecution pending at the time of such repeal, for any
offence committed, or for the recovery of any penalty or forfeiture incurred under
any of the acts in this chapter repealed, shall be affected by such repeal, except
that the proceedings in such suit or prosecution shall be conformed, when neces-
sary, to the Revised Statutes.

Sec 41. No law heretofore existing, and herein repealed, which provided for
the limitation of actions and the prevention of vexatious suits ; or for the barring
of any right, remedy, suit, plaint, prosecution, recovery, redemption or other
proceeding ; or for the discharge of any penalty or forfeiture ; or for the confirming
of any rights to real estate or any interest thereon, or to any other property, mat-
ter, thing or right of action, by reason of the lapse of a time certain, in any such
law expressed, shall be so construed as to hinder or obstruct the operation of such
law in any case in which the same has begun to operate, but for the purpose of sa-
ving and continuing all rights and remedies, forfeitures and disabilities, the term of
which has commenced to run, such laws shall be deemed in full force until the ex-
piration of the time in such law limited.

Sec 42. The following acts, passed at the present session of the General As-
sembly, shall be published as chapters of the Revised Statutes, under their appro-
priate titles, omitting the enacting clause, title and signatures of the speakers of the
two Houses, but retaining the date of their approval.

474 RIGHT OF PROPERTY.

An act to establish and maintain common schools — approved, February 26, 1845.
An act regulating the asstssmentand collection of the public revenue — approved,
March 3, 1845.

Approved : March 3, 1845.
[Amended:— See Appendix, Acts Isos. 21 and 29.]

CHAPTER XCI.

EIGHT OF PROPERTY.

Section

1. When trial of right of property is demanded,

sheriff; how to proceed.

2. Sheriff to notify parties, to swear jury and

witnesses.

3. Duty of sheriff to subpcena witnesses.

4. May compel attendance of witnesses.

5. Fines for non-attendance, how collected.

6. Proceedings after verdict of jury.

7. Costs, how collected.

8. Appeals to the circuit court allowed; bond to

be given ; costs to be paid ; trial of appeal.

9. When property is taken on execution issued by

justice of the peace, how parties may be no- ' property.

tihed, &c. 15, Number of jurors, how regulated

Section

10. Trial of right of property, how conducted; ex.
amination; judgment for costs; appeals al-
lowed.

11. Duty of justice of the peace to try the right of
property, when applied to.

12. Defendant in execution not to be a witness;
when appeal must be demanded ; writ of cer-
tiorari, when allowable ; appeal to be superse-
deas and stay proceedings.

13. If plaintiff be non-resident, need not be noti-
fied; when bound for costs.

14. Verdict shall be authority to officer to retain

Section 1. Whenever an execution or writ of attachment shall be levied by
any sheriff or coroner upon any personal property, and such property shall be
claimed by any person or persons, other than the defendant in such execution or at-
tachment, by giving to the sheriff or coroner, notice in writing, of his, her or their
claim and intention to prosecute the same, it shall be the duty of such sheriff or cor-
oner, forthwith to summon a jury of twelve respectable householders of the county, to
meet at a place to be designated by him, before the day appointed for the sale of
such property ; and then and there proceed to inquire by the oath of said jury,
whether the right of such property be in such claimant or not.

Sec 2. It shall be the duty of such sheriff or coroner to notify the plaintiff in
the execution or attachment of such claim, and the time and place of trial ; and on
the day appointed, the sheriff or coroner shall swear the jury, and such witnesses
as may be produced, by either party, or may postpone the trial such reasonable
time, on the application of either party, as he shall think proper, for the purpose
of procuring testimony.

Sec 3. In all cases of the trial of the right of property before any sheriff or
coroner, it shall be the duty of such sheriff or coroner to subpoena such witnesses
as shall be required by either party to such trial, to attend at the time and place at
which such trial shall be held.

Sec. 4. In all cases where a witness shall be so subpoenaed and shall fail to
attend at such trial conformably thereto, and in all cases where a juror shall fail to
attend the same when subpoenaed by such sheriff or coroner, such sheriff or coro-

RIGHT OF PROPERTY. 475

ner shall have power to compel their attendance, in the same manner as may be
done in the trial of causes before justices of the peace, and in the circuit courts of
this State.

Sec. 5. And any fine which such sheriff" or coroner may impose for such con-
tempts, may be collected in the manner provided for the collection of costs by the
seventh section of this chapter.

Sec 6. After the jury shall have agreed on their verdict, the sheriff" or coro-
ner shall reduce the same to writing, and it shall be signed by all the jurors, and
the sheriff or coroner shall thereupon restore the property, if found to belong to
the person or persons claiming, or shall proceed on such execution or attachment,
if the property shall not be found to be in the claimant, in the same manner as if no
claim had been made.

Sec 7. The sheriff or coroner shall make up a bill of all the costs accruing on such
trial, according to the provisions of law, regulating the fees of officers for similar
services, and annex the same to the verdict of the jury ; and shall have power to
collect the same from the claimant of such property, if the verdict be against him,
or from the plaintiff or plaintiffs in the execution, if such verdict be for the claim-
ant, in the same manner that bills of fees in other cases are authorized by law
to be collected.

Sec 8. In case either party shall think himself or herself aggrieved by the
verdict of the jury, he or she may appeal to the circuit court, in which case the
party appealing shall give bond, with sufficient security, to prosecute such appeal
without delay, and to pay all costs that have accrued or may accrue on such ap-
peal, if judgment be given against him, in the circuit court ; which bond shall be
in a sum sufficient to cover all costs, and be payable to the opposite party ; and the
sheriff or coroner shall thereupon deliver to the clerk of the circuit court, the bond
aforesaid, and all the papers relating to such trial, and the clerk shall enter said ap-
peal on his docket, and the court shall proceed to try the right to such property,
in the same manner as is before directed in this chapter : and in all such cases,
judgment shall be given against the party failing, for all costs, and the clerk shall
issue execution for the same.

Sec 9. In all cases where any personal property shall be taken by virtue of an
execution or attachment, issued by any justice of the peace, which shall be claimed
by any person or persons other than the defendant in such execution or attachment;
and such claimant shall give notice in writing of his or their claim and intention to
prosecute the same, it shall be the duty of the constable to notify the plaintiff in
execution or attachment of such claim, and the time and place of trial ; and if the
justice who issued such execution or attachment reside in another county, be ab-
sent from the county, or unable to attend to such trial, it shall be the duty of the
constable serving such execution or attachment, to notify the plaintiff in execution
that he will attend before some other justice of the peace of the county, (naming
him,) and shall also designate some day and hour for the trial of the right of said
property, of which time and place, the claimant shall also have notice.

Sec 10. The same proceedings shall be had before the constable serving such
execution or attachment, together with the justice before whom the trial of the
right of property may be had, as are in this chapter provided for the trial of the
right of property before sheriffs and coroners ; but the justice shall issue all pro-
cess necessary in such trials. He shall also administer the oaths to the jury and
witnesses, and retain the papers relating to the proceedings ; and in case the pro-

476 RIGHT OF PROPERTY.

perty shall appear to belong to the claimant, the justice shall enter judgment against
the plaintiff in execution or attachment, for the costs that may have accrued on such
suit; and on failure of the plaintiff to pay the same, the justice may issue execu-
tion therefor ; but in all cases where it shall appear that the property claimed be-
longs to the defendant in execution, the justice shall enter judgment against the
claimant of the property for the amount of costs that shall have accrued, and issue
execution therefor as in other cases; and in case of an appeal, shall take the bond
and transmit the same, with the other papers, to the clerk as aforesaid.

Sec. 11. It shall be the duty of any justice of the peace, other than the one
issuing the execution or attachment under which a levy has been made, when no-
tified by any constable, of any person or persons claiming property levied upon as
hereinbefore provided, to enter such case on his docket, and to proceed in all cases,
to have the right of such property tried as if the execution had been issued by
him.

Sec 12. In no case of the trial of the right of property under this chapter, shall
the defendant in execution be a competent witness, and all appeals from the judg-
ments on the trial of the right of property, shall be demanded on the day of such
trial, and bond entered into before the clerk of the circuit court within five days
from such trial ; and in all cases of the trial of the right of property before a justice
of the peace, either party may take the case into the circuit court by writ of cer-
tiorari, as in other trials before justices of the peace : Provided, That in all cases of
said appeals, the praying thereof shall be_a supersedeas, and stay all further proceed-
ings until the expiration of five days. '^

Sec 13. In all cases when the plaintiff in the execution neither resides in the
county where judgment was rendered, nor in the county in which such trial of the
right of property is had, it shall not be necessary for the constable to give said
plaintiff notice ; but the trial shall be conducted in the same manner as if actual
notice had been given ; and in case the property shall be found to be the property
of the claimant, the plaintiff in the execution shall be bound for all costs that may
have accrued.

Sec. 14. The verdict of the jury in all cases under this chapter, shall be a com-
plete indemnity to the sheriff or other officer, in proceeding to sell or restore any
such property according to the verdict; and in case of an appeal, the sheriff or
other officer shall retain such property, unless the party claiming, or the de-
fendant in the execution shall enter into a bond with sufficient security, for the de-
livery of such property to the sheriff or other officer, if the judgment of the court
shall be against the claimant.

Sec. 15. In trials of the right of property taken on execution, attachment or
other process, by constables, the number of jurors shall be six instead of twelve,
unless all the parties to the trial shall agree upon a larger number, not exceeding
twelve ; in which case, the number agreed on shall constitute the jury: Provided, That
either party shall have the right to require twelve jurors, upon advancing the ad-
ditional costs and fees accruing in consequence of increasing the number over six ;
such additional costs and fees not being in any event chargeable against the other
party.

Approved : March 3, 1845.

CHAPTER XCII.

EIGHT OF WAY.

Section

1. Land required for road, canal, &c, to be ap-

praised by commissioners ; their report ; dam-
ages to be paid before land is taken.

2. Damages, when payable out of State treasury;

when out of county treasury.

3. Materials, when wanted for public work, how

valued, paid for and taken.

Section

4. Appeals may be taken from proceedings.

5. Pulling down fence, &c, placed to protect road,

penalty for; proviso as to United States' mail.

6. Appeals allowed from assessments of damages

by opening lanes, alleys, streets, &c; as from
decisions of justices of the peace.

Section 1. In all cases where a public road, canal or other public work shall have
been heretofore authorized, or which shall hereafter be authorized by law, to be
laid out or constructed in this State, either by the authority of the United States or
this State, and the same is required to pass over the land belonging to any company,
corporation or individual, and the owner or owners shall object thereto, and cannot
agree with the commissioner, superintendent or other person or persons authorized
to lay or construct the same, on the amount of damages which such owner or own-
ers may claim, it shall be lawful for such commissioner, superintendent or other
authorized person or persons, to apply to some justice of the peace of the county
where the same may occur, who shall cause three householders to appear before
him ; and the householders so summoned, after being sworn, faithfully and impartially
to examine the ground which shall be pointed out to them by the commissioner, su-
perintendent or other authorized person or persons, shall assess the damages which
they shall believe such owner or owners will sustain, over and above the additional
value which such land will derive from the construction of such road, canal or other
public work, and make two written reports, signed by at least a majority of them,
one of which they shall deliver to the commissioner, superintendent or other per-
sons requesting the view, and the other to the justice of the peace ; after which, it
shall be lawful for the road, canal or other public work, to pass over the land of such
company, corporation, individual or persons, doing as little damage as the nature of
the case will permit : Provided, That the amount of the damages so assessed, and
the costs of the view be first paid, either to the claimant or claimants, or to the
justice of the peace, to whom the application and return shall have been made.

Sec 2. If the damages assessed, are authorized by law to be paid out of the
treasury, it shall be the duly of the commissioner, superintendent or other author-
ized person or persons having charge of such work, to transmit to the auditor of
public accounts, a copy of the assessment made by the householders, together with
a statement of the costs of the view ; and it shall be the duty of the auditor to issue
his warrant upon the treasury for the payment of the amount. And if the damages
are authorized to be paid out of the county treasury, the person or persons having
charge of such work, shall transmit to the county commissioners' court, a copy of
the assessment made by the householder's, with a statement of the costs of the view,
and if approved by the court, they shall order the same to be paid out of the county

478 RIGHT OF WAY.

treasury : Provided, however, In all cases arising under the provisions of this chap-
ter, the costs of the view of the householders shall be paid by the applicant reques-
ting the same: Provided, also, That nothing in this chapter, or in the several chap-
ters relating to State roads, shall be so construed as to authorize the payment of any
such damages out of the State treasury ; and in no case shall any money be paid
out of the State treasury for any damages as aforesaid, without a special provision
of law for such purpose.

Sec. 3. Whenever it shall be deemed necessary, for the construction of any road,
canal or other public work, to procure from the land of any company, corporation
or individual, timber, stone or sand, and such company, corporation or individual
shall object thereto, and in case the person authorized to construct such work, shall
not agree with the owner of the land, on the price, it shall be lawful for such person
authorized to construct such work, to apply to a justice of the peace of the county,
who shall cause three householders of the neighborhood to be summoned and sworn,
as provided in the first section of this chapter ; and it shall be the duty of the three
householders to go on the ground and assess the damages which they shall believe
the owner will sustain, and make two written reports thereof, signed by at least a
majority of them, stating the quantity and description of the articles and value there-
of, and give one copy thereof to the applicant for the view, and the other they shall
return to the justice of the peace; after which assessment and report, and payment
of the amount to the claimant or justice, with the costs of view, it shall be lawful
to take the materials so required, from the land of the owner, doing as little damage
as possible to the owner of the land.

Sec. 4. In all cases arising under the provisions of this chapter, if the househol-
ders shall report it to be their opinion that no damages would be sustained by the
owner of the land for the passage of any such road, canal or other public work, over
and above the advantages which such land would derive from its construction, no-
thing more shall be paid than the costs of the view ; and in all cases arising under
this chapter, either party may appeal to the circuit court of the county, within the
same time, and under the same rules and regulations, as are or shall be prescribed
by law for taking appeals from the judgments of justices of the peace ; and the cir-
cuit court shall proceed upon such appeal, as in other cases of appeals from the
judgment of justices of the peace, and render such judgment therein as shall be
consistent with law and justice.

Sec. 5. Any person who shall remove or pull down any part of any fence,
barricade or wooden structure, placed across any public road, or other public work
for the purpose of preventing travel thereon, whilst the same shall be constructing
or undergoing repairs under the authority of this State, or of the United States, and
thereby the grading, embanking, paving or other work shall be injured or subjected
thereto, shall pay to the undertaker of the work, five dollars for each offence, re-
coverable with costs, before any justice of the peace of the county : Provided, how-
ever, That no such penalty shall be recoverable, unless it shall be made to appear
that the undertaker of the work shall have caused a written or printed notice to all
persons, to be affixed in a conspicuous place at such fence, barricade or wooden
structure, forbidding the same to be removed or pulled down, or travel on the gra-
ding, paving, embankment or other work : Provided, also, That if the said works
be on any road where the United States' Mail shall at the time be carried, the
aforesaid penalty shall not be recoverable against the carrier, should he deem it
necessary to expedite him in the passage of the mail.

ROADS.

479

Sec. 6. In all cases where a jury of freeholders, or other citizens, are or may
be appointed, under the authority of any town or city in this State, to inquire into
and take into consideration the benefits as well as the injury which may accrue,
and estimate and assess the damages which would be sustained, by reason of the
opening, extending, or widening of any street, lane, alley or road, the owner or
owners of any real estate proposed to be taken for the purpose aforesaid, or any
person aggrieved by the apportionment and assessment for the purpose of making
payment to the person or persons whose property shall be taken for said purpose,
may appeal to the circuit court of the county within the same time and under the
same regulations and rules as are or shall be provided by law for taking appeals
from the judgment of justices of the peace ; and the circuit court shall proceed
upon such appeal as in other cases of appeals from the judgment of justices of the
peace, and render such judgment therein as shall be consistent with law and jus-
tice.

Approved : March 3, 1845.
[See next Chapter.]

CHAPTER XCIII.

EOADS.

Section

1 . Carriages meeting to turn to the right.

2. Drunken drivers not to be employed; penalty

for employing them in carrying passengers;
penalty, how recovered and disposed of.

3. Employer to dismiss drunken driver, penalty for

not doing so.

4. Racing, how punished.

6. Driver leaving horses unhitched, how punished.

6. Owners of carriage jointly and severally liable

for injuries done by driver; driver, how liable.

7. Carriage, what shall be deemed.

8. This chapter not to interfere with regulations

made by cities, &c. ; justice's jurisdiction.

9. What roads deemed public highways.

10. County commissioners may lay out, alter and

vacate roads.

11. Counties to be divided into road districts, and

supervisors appointed therein.

12. Supervisors to be notified of their appointment;

to return list of persons liable for road tax ;
sheriff 's return to notice, &c.

1 3. Fine for refusing to accept office of supervisor.

14. Duties of supervisor to repair roads, keep

bridges in repair, erect guide-boards, &c.

15. Supervisor to clear out obstructed roads, re-

pair damaged bridges, &c. ; when county to
pay cost thereof.

16. Penalty for obstructing roads, damaging bridges,

&c.

17. New road, how petitioned for, viewed, and laid

out ; expense of view, how paid ; petitioners
for new road, to pay one day's labor thereon.

18. Viewers, how appointed ; their duties.

19. Useless road may be vacated, and how; road

Section

not to be established or vacated until notice be
given.

20. New road, how opened and kept in repair.

21. Cart roads, how petitioned for, viewed, laid out

and established ; if road passes through any
person's land, and he objects thereto, damages
to be ascertained, and be paid in advance.

22. Day fixed for laboring on roads.

23. Part of county tax may be designated and set

apart for road purposes.

24. Clerk to make out for supervisor, lists of per-

sons liable to work on road.

25. Supervisor to call on laborers ; their duty; how

punished for not laboring, &c.

26. When road tax payable in labor ; when in money.

27. Supervisor, to sue for road dues ; he may be a

witness.

28. Return of labor, when required; dues, how col-

lected; money, how applied; fines, how ap-
plied.

29. Supervisors may hire teams, and purchase ma-

terial for repairing road.

30. Jurisdiction of roads given to county commis-

sioners' courts.

31. Alterations and changes of roads, in what cases,

and in what manner made.

32. Roads on county lines, how laid out.

33. Plat of survey, &c, of roads laid out, to be filed

in office of county commissioners' clerk.

34. Duty of viewers in locating roads ; to be sworn.

35. Supervisor to make report at March term ; pow-

er of supervisor; exempt from militia duty.

36. Compensation of rotd-viewers, &c.

37. Supervisor may, in repairing roads, &c, take

480

ROADS.

Section

timber, &c. ; value thereof, how ascertained ;
how paid for.
38. General provisions, as to laying out roads, as-
certaining damages, making report, &c. ; ap-
peals allowed to any injured party.

Section

39. Supervisors may bring suits before justices.

40. Penalty, if supervisor neglect duty.

41. Clerk to furnish grand jury with list of super.

visors.

42. Compensation of sheriffs and clerks.

Section 1. Whenever any persons traveling with any carriages, shall meet on
any turnpike road or public highway in this State, the persons so meeting, shall
seasonably turn their carriages to the right of the centre of the road, so as to per-
mit each carriage to pass without interfering or interrupting, under the penalty of
five dollars for every neglect or offence, to be recovered by the party injured : Provi-
ded, This section shall not be construed to apply to any case, unless some injury to
persons or property shall occur by the driver of the carriage or wagon refusing to
turn to the rieht of the beaten track ; nor shall it be construed to extend to a case
where it is impracticable, from the nature of the ground, for the driver of the car-
riage or wagon to turn to the right of the beaten track.

Sec. 2. No person owning any carriage, running or traveling upon any road in
this State, for the conveyance of passengers, shall employ or continue in employ-
ment, any person to drive such carriage, who is addicted to drunkenness or the
excessive use of spirituous liquors ; and if any such owner shall violate the provi-
sions of this section, after he shall have had notice and reasonable proof that such
driver is addicted to drunkenness, he shall forfeit at the rate of five dollars per day,
for all the time during which he shall thereafter have kept any such driver in his
employment, to be sued for by any person, and collected in any court having com-
petent jurisdiction. The penalty, when recovered, shall be for the use of the poor
of such county, except that the court in which the recovery shall be had, may al-
low a portion of said penalty, not exceeding twenty-five dollars, to be retained by
such complainant as a compensation for his services and expenses.

Sec 3. If any driver, whilst actually employed in driving any such carriage,
shall be guilty of intoxication to such a degree as to endanger the safety of the
passengers in the carriage, it shall be the duty of the owner of such carriage, on
receiving!; written notice of the fact, signed by any one of said passengers, and
certified by him on oath, forthwith to discharge such driver from his employment ;
and every such owner who shall retain or have in his employ, within three months
after the receipt of such notice, any driver who shall have been so intoxicated,
shall forfeit at the rate of five dollars per day for the time during which he shall
keep any such driver in his employment after receiving such notice, to be sued for
and applied as directed in the last preceding section.

Sec. 4. No person driving any carriage upon any turnpike road or public
highway within this State, with or without passengers therein, shall run his horses
or carriage, or permit the same to run, upon any occasion, or for any purpose what-
ever ; and every person who shall offend against the provisions of this section,
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined,
not exceeding one hundred dollars, or imprisoned, not exceeding sixty days, at the
discretion of the court.

Sec 5. It shall not be lawful for the driver of any carriage used for the pur-
pose of conveying passengers for hire, to leave the horses attached thereto, while ;
passengers remain therein, without first making such horses fast with a sufficient
halter, rope or chain, or by placing the lines in the hands of some other person, so
as to prevent their running ; and if any such driver shall offend against the provis-

ROADS. 4S1

Ions of this section, he shall forfeit for the use of the poor, the sum of twenty
dollars, to be recovered by action to be commenced within six months ; and unless
the amount of such recovery be paid forthwith, execution shall be immediately is-
sued therefor.

Sec. 6. The owners of every carriage running upon any turnpike road or pub-
lic highway for the conveyance of passengers, shall be liable jointly and severally,
to the party injured, in all cases, for all injuries and damages done by any person
in the employment of such owners as a driver, while driving such carriage, to any
person, or to the property of any person ; and that, whenever the act occasioning
such injury or damage be wilful, negligent or otherwise, in the same manner as
such driver would be liable. Any driver of any mail stage coach, or any other
vehicle for the conveyance of passengers, wilfully offending against the provisions
of this chapter, shall be deemed guilty of a misdemeanor, and, on conviction there-
of, shall be imprisoned, not exceeding four months, or lined, not exceeding three
hundred dollars. >

Sec. 7. The term "carriage," as used in this chapter, shall be construed to include
stage coaches, wagons, carts, sleighs, sleds, and every other carriage or vehicle
used for the transportation of passengers and goods, or either of them.

Sec 8. Nothing contained in this chapter shall interfere with, or affect any law
concerning hackney coaches or carriages in any of the cities of this State, nor in-
terfere with, nor aifect the laws or ordinances of any such city for the licensing or
regulating such coaches or carriages. Justices of the peace shall have jurisdiction
in all cases arising under this chapter, where the penalty does not exceed one hun-
dred dollars.

Sec 9- All roads within this State, which have been laid out in pursuance of
any law of this State, or of the late territory of Illinois, and which have not been
vacated in pursuance of law, are hereby declared to be public highways.

Sec 10. The county commissioners' courts of the several counties in this State,
shall have, and are hereby vested with general superintendence over the public
roads' within their respective counties ; and are hereby authorized to cause new
roads to be located and made, and to alter or vacate public roads within their re-
spective counties, in the manner hereinafter provided and pointed out.

Sec 11. The county commissioners' court of each county shall, at their March
term, or as soon thereafter as may be, in each and every year, lay out and divide
their respective counties into such road districts as they shall deem convenient and
proper, defining accurately, the boundaries of said districts ; and they shall appoint
one supervisor in each district, who shall serve one year, and continue in office
until a successor shall be appointed.

Sec 12. It shall be the duty of the clerk of the county commissioners' court in
each county, to make out and deliver to the sheriff, written notices to all the super-
visors as aforesaid, within ten days after such appointment has been made, inform-
ing them of their said appointment, and describing the bounds of their respective
districts, and the roads therein ; and the said sheriff shall immediately deliver the
said notices to the persons to whom the same shall be directed, respectively ; and if
any supervisor shall refuse to accept his said appointment, the sheriff shall return
the said notice to the clerk who issued the same, noting such refusal on the back
thereof. But if the said supervisor shall agree to accept the same, such supervi-
sor shall, within fifteen days thereafter, return to the clerk of the county commis-
sioners' court, a list of the names of all persons residing within his road district,
31

482 ROADS.

liable to be taxed for road purposes ; and the said sheriff shall notify the said clerk
of such acceptance ; and the said sheriff shall, in all cases, make return of accep-
tance or refusal within twenty days after the delivery to him of the notice aforesaid.
For any failure on the part of the clerk to make out and deliver to the sheriff any
one of the notices required by this section, he shall be lined in the sum of ten dol-
lars ; and the sheriff shall incur the same penalty for *a failure to deliver any one
of said notices in the manner and within the periods herein prescribed : Provided,
That supervisors shall not be required to make such return, unless the county com-
missioners' courts shall have levied a tax, according to the provisions of this
chapter.

Sec 13. When any person shall refuse to accept the appointment of supervi-
sor, he shall be fined five dollars, to be appropriated to road purposes : Provided,
That the commissioners' court may excuse any supervisor from the payment of
said fine, upon being satisfied that such person ought not to have been appointed.
The commissioners' court shall have power, at any time, to remove from office any
supervisor who shall fail or refuse to perform his duty ; and all vacancies shall be
filled at the term of the court at which any removal shall be made or vacancy occur.

Sec. 14. It shall be fhe duty of each supervisor to cause all the public roads
within his district to be kept well cleared, smooth, and in good repair — causing all
stumps to be cut low, so as to afford at all times a free and safe passage to wagons
and other carriages along such roads ; to cause bridges and causeways to be made
wherever the same shall be necessary, and to keep the same in repair ; and to cause
to be erected and kept in repair, at the forks or crossing place of every public road,
a post and guide-boards, with plain inscriptions thereon, in letters and figures, giv-
ing the direction and distance to the most noted places to which said roads may lead.

Sec 15. Whenever any public road shall be obstructed by fallen timber, or in
any other manner, and when any bridge or causeway shall be destroyed, or become
impassable or dangerous to travelers, it shall be the duty of the supervisor to cause
such obstruction to be removed, and to have such bridges or causeways rebuilt or
repaired ; and for that purpose he shall call out the persons bound to labor on the
road in his district, or as many of them as may be necessary ; but if the persons
bound to perform such labor in his district, shall have previously performed the
number of days required by this chapter, or if the labor due from such persons
shall not be sufficient, he shall then proceed to hire as many laborers or teams as
may be necessary to remove such obstruction or repair such damages : Provided,
The cost shall not exceed ten dollars ; and if the cost of such work shall be esti-
mated by said supervisor to exceed ten dollars, then he shall report such obstruc-
tion or damage to any two or more of the county commissioners, whose duty it shall
be, immediately, to cause such obstruction to be removed, or such bridge or cause-
way to be rebuilt or repaired as the case may be, either by ordering the supervisor
to hire laborers and teams for that purpose, or by making a contract with some fit
person or persons, as they may deem best; and all moneys required to carry any
of the provisions of this section into effect, shall be paid out of the county treasury,
on the order of the couyty commissioners' court.

Sec 16. If any person shall obstruct any public road, by falling a tree or trees
across the same, by encroaching upon or fencing up the same, or by placing any
other obstruction therein, he shall forfeit, for any such offence, a sum, not exceeding
ten dollars, and a sum, not exceeding three dollars for every day he shall suffer such
obstruction to remain, after he shall have been ordered to remove the same by any

ROADS. 483

supervisor, county commissioner or justice of the peace ; and if any person shall
purposely destroy or injure any bridge or causeway, or remove any of the timber
or plank thereof, or destroy or deface any guide-board, post or mile -stone, on a pub-
lic road, or dig any drain or ditch across a public road, such person, so offending,
shall be indicted, or sued before a justice of the peace, and on conviction, shall be
fined in any sum, not less than live dollars, nor more than one hundred dollars, ex-
cept bridges, which shall be double the value thereof; and for burning a bridge, to
be punished agreeable to the criminal code : Provided, however, That this section
shall not be construed to extend to any person who shall lawfully cut down any
timber for rails, fire wood, or other purposes, and who shall immediately remove
the same out of the road ; nor to any person through whose land a road shall run,
who shall dig a ditch or drain across such road, and shall keep the same in good
repair.

Sec 17. No new road shall be opened by order of the county commissioners'
court, unless the same shall be applied for by at least thirty-five voters, residing
within five miles of the road proposed to be laid out or altered, except in counties
which shall not have more than three hundred voters, when only fifteen shall be
required. Such applicants shall deposit in the hands of the clerk of the county
commissioners' court, a sufficient sum of money to pay the viewing. If their re-
port be in favor of establishing the road, the money so deposited, shall be returned
to the persons who deposited the same ; but if the report be unfavorable, the ex-
penses of the view shall be paid out of the money so deposited; and every person
applying for such new road, shall contribute one day's labor, in addition to the num-
ber of Jays required by this chapter, towards making such road. The clerk cf
the county commissioners' court shall furnish each supervisor through whose road
district such new road shall pass, with a list of the persons who petitioned for the
same ; and any such petitioners who shall not reside within some district through
which such new road shall pass, shall be required to perform the day's labor here-
in required of him, under the direction of the supervisor of the nearest road dis-
trict ; and for failing to do so, after being duly notified, he shall be fined in the sum
of one dollar.

Sec 18. When a new road shall be applied for. as aforesaid, the county com-
missioners' court shall, if in their opinion the public good and convenience require
it, appoint three suitable persons to view the ground proposed for the same ; and^
if, after such view, the viewers shall believe the road applied for to be necessary,
taking into consideration the expense of constructing the same, and its utility to the
public, they shall proceed to locate and establish the same, on the nearest and most
eligible route from point to point given, having due regard to private property;
causing the same to be surveyed, designating its course through prairies and im-
proved land, by fixing stakes in the ground, or by ploughing two furrows, at the
distance apart of the full width of the road, and through the timbered land by mark-
ing the trees ; and shall make report thereof to the next county commissioners'
court; but after the view, if they deem such road unnecessary or improper to be
made, they shall report their opinion to that effect to the next term of said court.

Sec 19. Whenever it shall be represented to the county commissioners' court,
by a petition of thirty-five voters, that a public road established by said court, or
any part thereof, is useless or burthensome, the said court, upon a sufficient sum of
money being deposited with the clerk to pay the expenses of a review, (such
mone} to be returned, if the road shall be declared useless,) shall appoint three

484 ROADS.

suitable persons to view the same, who shall report to the said court at the next
term after such appointment, whether such road be useless and burthensome, to-
gether with their reasons for such opinion ; and the county commissioners may then
order such road to be vacated, if, in their opinion and discretion, they shall deem
such order proper : Provided, That no petition praying for the establishment or
vacation of a public road shall be received by the said court, unless the said peti-r
doners or some of them, shall have given twenty days' public notice of such ap-
plication, by a written notice, posted up in the most public place in each road dis-
trict through which the road or proposed road shall pass, and a like notice, partic-
ularizing the route and important points, on the door of the court house, and of the
county clerk's office, should it be kept in a separate building.

Sec. 20. Whenever a new road shall be located, the county commissioners shall
immediately cause the supervisors of each district through which such road shall
pass, to be notified of such location; and it shall be the duty of the said supervi-
sors to make such roads within their respective districts, and keep the same in re-
pair, so far as the labor of the persons bound to work on said road shall enable him ;
and if such labor be insufficient, the county commissioners shall cause the same to
be cut out and opened at the expense of the county, whenever, in their opinion, the
funds of the county will justify such expense ; and after being so opened, the same
shall be kept in repair by the supervisor, as in other cases,

Sec. 21. Any person or persons desirous of having a cart road laid out, for his
or their convenience, from the dwelling or plantation of such person or persons
to any public road, or from one public road to another, or from one lot of land to
another, shall present a petition to the county commissioners' court of the proper
countv, setting forth the reasons for desiring such road, and describing the points
from and to which said road or cart-way is desired to pass ; and the court shall,
upon a sufficient sum of money being deposited to pay for viewing such road, ap-
point three freeholders to view the same : Provided, That twenty days' notice shall
be given of the intention to present such petition, to each person residing in the
county through whose land such cart-way is desired to pass ; and also, by posting
up a notice thereof on the door of the court house, and clerk's office of the county,
if not kept in the court house, for the same period of twenty days ; and the viewers,
when appointed, shall examine the route proposed for such road, and shall examine
any other route which they may deem proper : and if they shall be of opinion that
a cart-way is necessary and proper, from and to the points named in the petition,
they shall lay out the same in such manner as to produce the least inconvicnce to
the parties through whose land the same shall pass, and shall make a written report
to the court, describing the route of the road, and the numbers of the lots of land
through which the same shall pass, and naming the owners thereof, if known ;
which report shall be examined by the court, and on hearing the objections, if any,
and if the court shall be of opinion that the road is necessary and right, an order
shall be made establishing the same, not exceeding thirty feet wide : Provided,
That no such road shall be allowed to pass through any orchard, garden, door or
barn-yard : And Provided^ also, That if any owner of land shall object to the
opening such road, the same shall not be opened by the person or persons desiring
the same, until the person or persons objecting shall be paid all the damages to be
sustained by the opening thereof; and in case the parties can not agree on the
amount of damages, the same shall be ascertained and assessed as hereinafter pro-
vided; and the damages being paid on final decision, the person or persons apply-

ROADS. 485

ing therafor, their heirs and assigns, shall have the right to open said roacl, and
shall have the right of way upon the same forever thereafter.

Sec. 22. The county commissioners' court of each county in this State, at their
March term, annually, shall fix and enter upon the records of their court, a certain
number of days that each able-bodied man between the age of .twenty-one and
fifty years, shall labor upon some public road within the county, during the year :
Provided, That in no case shall said court be authorized to fix the number of days
less than one, or to exceed five days, as a requisition in labor. The clerk of said
court shall append the number of days fixed as aforesaid, to the notice of each
supervisor appointed in said county.

Sec 23. The county commissioners' courts of the several counties in this State,
in levying a tax, not exceeding fifty cents on every one hundred dollars' worth of
taxable property in their counties respectively, for county purposes, which they are
authorized by law to levy, may, at the time of fixing upon the amount of tax to be
assessed and collected for county purposes, in their discretion, set apart any amount
of the tax so levid for county purposes, not exceeding one-half of said levy for
road purposes ; and a column in the tax-book, shall designate the amount of road tax
due from each person to be collected.

Sec 24. The clerk of the commissioners' court, immediately on the return of
the assessor's book, shall make out a list of the names of all individuals owing road
tax, in each road district in the county, with the amount of tax due therefrom,
ascertaining the residence of, and the road district to which each person properly
belongs ; which lists shall be handed to the sheriff, and by him delivered to the
respective supervisors. And any clerk or sheriff who shall fail or neglect to per-
form the duty required in this section, within the time given to each, as specified in
the twelfth section of this chapter, in serving notices on supervisors, shall be fined
in the same sums as stated in said section.

Sec 25. It shall be the duty of each supervisor to call on all able-bodied male
persons over twenty-one and under fifty years of age, in his district, to perform the
number of days' labor due for the year, giving such person at least three days' no-
tice of the time when, and place where the work is required, and stating what de-
scription ot tools to bring; which notice shall be given by the supervisor in person,
verbally, or by a written or printed notice, or by some person appointed by him to
warn in the hands ; in which latter case the notice shall be written or printed, and
signed by the supervisor. The supervisor shall observe the hour appointed to
meet, that each individual do appear at the time, with the tool directed to be brought ;
and when on the road, that each person shall work industriously and diligently,
doing at least eight hours' faithful labor in each day, at such work and in such man-
ner as shall be directed by the supervisor. Any person neglecting or failing to
attend and do the work due on the roads, after being notified as above stated, by
himself, or a substitute equally able as himself, shall pay for each day one dollar.
Should any person be idle, not work diligently, be turbulent, interrupt other hands
or disobey the supervisors, power is hereby given, and it shall be the duty of the
supervisor to discharge said hand from the road; and for each day's labor which
may then be due from such person, he shall be bound to pay one dollar and fifty
cents.

Sec 26. The tax list being placed in the hands of the supervisor, he shall
notify each person residing in said supervisor's district, of the amount due, and that
the same may be discharged in labor ; and shall thereupon request payment in

486 ROADS.

money cr labor, first notifying the individual of the time and place to attend and
work the same out at a rate to be fixed by the county commissioners' court, but
not exceeding one dollar per day, bringing with him such tools as may be directed
by the supervisor, the labor to be performed by the principal or a substitute equally
able, working industriously at least eight hours each day ; and may, for any of the
causes in the foregoing section, idleness, turbulence or disobedience, be discharged
from the road by the supervisor, and the balance due shall be collected, with twen-
ty-five per cent, advance.

Src. 27. It shall be the duty of supervisors to sue in the name of the county
commissioners, in their official capacity, for all labor and taxes which shall be due
from each person residing in their respective districts, and remain unpaid after
notice shall have been given, and a failure to settle the same as provided in the
foregoing sections ; and having collected the same, shall, without delay, disburse
the money '.o the best advantage, on public roads in the district to which such labor
or tax properly belongs. In all cases, the supervisor shall be a competent witness
in suits brought as above stated ; and an appeal may be taken to the circuit court
by either party, as in other cases of appeal from justices of the peace.

Sec. 28. Every supervisor shall endeavor to collect all road and labor tax, and
close the work by the twenty-fifth of December, annually. And they are absolutely
bound to return to the clerk of the county commissioners' court the tax list, by the
first of January, marking carefully and truly the amount paid on said road tax list,
how much in work, and the amount in money, by each individual named, and shall
give a receipt to each individual if requested. The clerk and collector shall give
credit on the general tax list, to each person, for the amount paid, and the balance
due shall be collected by the proper officer out of the goods and chattels, lands and
tenements of the person owing, in the same manner as other revenue for the State
and county shall be collected. All moneys collected as above, after deducting the
percent, for collecting and costs paid out, to be allowed by the commissioners'
court, shall be set apart in the treasury of the county as a road fund, to be disbursed
by order of the commissioners' court, in the erection of bridges, and improvement of
such public roads in the county as they may deem most advantageous to the public ;
and in no case, shall the court appropriate or divert any portion of said read fund to
any other purpose than the construction of roads and road purposes : Provided,
alwnys, That fines and forfeitures incurred under the provisions of this chapter,
shall be applied to the improvement of the public roads within the bounds of such
road district wherein such fines and penalties may have been incurred.

Sec 29. Supervisors are hereby authorized to hire teams to do the necessary
hauling, ploughing and scraping, to contract for materials for building bridges,
causeways, erecting guide-boards, for making and furnishing read scrapers, and
repairing roads in discharge of labor and road tax due, and so far as funds shall
come into possession, procuring said teams, materials, implements and work, on the
best possible terms.

Sec 30. All power, jurisdiction and control, is hereby given to the county
commissioners' courts of the several counties, of and concerning State roads, roads
located directly by the State; and the same shall be opened, improved and kept in
repair as other roads in the counties, subject to alteration, change and relocation,
as hereinafter pointed out.

Sec 31. When any person or persons desire a change or relocation of any
State road now located, notice of such intended application shall be given by netting

ROADS. 487

up advertisements in writing, at least one in each road district through which said
road shall pass, and on the court house door, twenty days previous to the sitting of
the court to which application shall be made; and on petition of a majority of the
qualified voters of each road district through which said road shall pass, and a ma-
jority of the voters living immediately in the vicinity of such road, the court shall
appoint three viewers to examine and make the necessary relocation ; they shall
carefully view the road as located, and the ground for the proposed route, and being
of opinion that the public good requires an alteration, in view of obtaining a more
suitable place to erect a bridge over a stream, wind a hill, avoid a swamp, expen-
sive work, or where the present road greatly damages an individual, and can be
varied without material damage to the public ; in such cases, alterations may be
made; and a majority of said viewers being of that opinion, they shall cause a sur-
vey and relocation to be made, returning to the commissioners' court, a plat with the
courses and distances of the road as established. But if they consider an alteration
not necessary, they shall so report, and the court may confirm and accept the report,
or take such further action thereon as to them may seem right. In like manner,
any State road now established, which may be considered useless or burthensome,
on notice, petition, view and report to that effect, as required in this section in case
of an alteration, the same may be annulled and vacated.

Sec. 32. When it shall become necessary to have a State or county road now
located and established, altered, relocated or vacated at a county line, or a new
road laid out, the same being petitioned for, and notice given, as required in the
preceding section, the same shall be agreed on by viewers from each county, to be
appointed by the counties immediately interested ; and no road shall be altered at a
county line or elsewhere, unless a majority of the viewers appointed, agree on such
change or alteration: Provided, That no application shall be acted upon, or viewers
appointed, as contemplated in the preceding sections, unless the petitioners deposit
money sufficient to pay the viewers in case an unfavorable report be made, to be
refunded should the road be located, altered or vacated, as petitioned for. And the
petitioners, in case a new road shall be established, or a change in the location of a
road, shall contribute one day's work on the same or some other road in the county,
as required in the seventeenth section of this chapter. In case of a disagreement
in the location or alteration of any road crossing a county line, by the county au-
thorities, either county may appeal to the circuit court, who shall hear and deter-
mine the case, grant a review, appoint viewers, and make such order therein as
shall seem right in the establishment of the road in dispute.

Sec. 33. All roads shall be surveyed, and a plat, with the courses and distances
thereof, returned with the report of the viewers to the commissioners' court, which
shall be recorded and filed. The commissioners' court, on the return of the report
and plat, shall determine and establish on record, the width of the road, making the
main leading roads four rods wide, and none less than thirty feet.

Sec 34. In the location and alteration of all roads, it shall be the duty of
viewers to make the same as direct as the ground and circumstances will allow,
particularly the main leading roads. Previous to entering upon their duties, they
shall be sworn before some judge of a court, or justice of the peace of the State,
that they will faithfully, impartially, and to the best of their judgment, discharge
the duties incumbent on them as road viewers under the law and appointment of
the court.

488 ROADS.

Sec. 35. At the March term of the commissioners' court, annually, each su-
pervisor shall make a report, showing the whole number of days' work that has
been done in his district during the year ; by whom done ; the amount of money
by him received ; from whom ; for road tax or otherwise, due on roads ; the amount
paid out by him in constructing roads, with the vouchers accompanying; at which
term he shall make a settlement with the court, and if a balance should appear
in his hands, the same shall be disbursed in the district, or added to the general
road fund, as the court shall order. Supervisors may appoint one or more persons
to warn in the hands, and make an allowance out of the labor or tax due from such
person. No allowance shall be made to any supervisor for services, out of the
county treasury, except for sums required by the fifteenth section of this chapter;
but he shall be wholly exempt from doing military duty in time of peace, and from
serving on grand and petit juries while acting as supervisor ; and shall have power
and authority to appoint one or more deputies, suitable person to oversee laborers,
and direct the work, the supervisor being responsible.

Sec. 36. Road viewers shall be allowed one dollar, and surveyors two dollars
for each and every day necessarily employed ; and chain and axe-men, seventy-five
cents per day.

Sec. 37. The supervisor, for the purpose of building or repairing any bridge
or causeway, by order of the county commissioners' court, is hereby authorized to
enter upon the nearest unimproved land, and to cut and haul away timber, or to quar-
ry and haul rock, gravel, sand or earth, which may be necessary for that purpose :
Provided, He shall not take away timber already cut, or any rock or gravel already
quarried for another purpose, without leave from the owner or his agent : Provided,
also, That unless the owner, or his or her agent, shall first consent to the cutting of
timber, or the quarrying of stone, or the taking of gravel, sand or earth, the super-
visor shall call upon two discreet householders to value the materials about to be
used. If the owner of the materials or his agent, shall see proper, he may choose
two other discreet householders, to act with such as may be chosen by the supervi-
sor, and if they can not agree, the four shall choose a fifth, as umpire ; and the five,
or a majority of them, shall make out their award under their hands and seals, and
transmit it to the clerk of the county commissioners' court, who shall file and pre-
serve the same ; which award shall be final and conclusive, of the amount of dama-
ges sustained by such person ; and the amount so awarded, shall be paid to the
owner of the materials or his or her agent, out of the county treasury ; and the su-
pervisor shall be authorized and warranted in taking such materials as soon as the
award shall be made.

Sec. 38. In all cases, where a public road shall have been heretofore authorized
by law to be laid out or constructed in this State, either by State or county author-
ity, and the same is required 1o pass over the land belonging to any company, cor-
poration or individual, and the owner or owners shall object thereto, and can not
agree with the commissioner, superintendent or supervisor, authorized to con-
struct the same, on the amount of damage which such owner or owners may claim,
it shall be lawful for such commissioner, superintendent or supervisor, to apply to
some justice of the peace of the county where, the same may occur, who shall
cause three householders to appear before him, and the householders so summon-
ed, after being sworn, faithfully and impartially to examine the ground which shall
be pointed out to them by the commissioner, superintendent or supervisor, shall
assess the damages which they shall believe such owner or owners will sustain,

ROADS. 489

over and above the additional value which such lands will derive from the construc-
tion of such road, and make two written reports signed by at least a majority of
them ; one of which they shall give to the commissioner, superintendent or super-
visor requesting the view, and the other to the opposite party ; which award or as-
sessment of damages shall, as well where the amount shall be agreed upon by the
parties without applying to a justice of the peace, be laid before the county com-
missioners' court for consideration, who shall examine the matter, and should they
decide the amount of damages is not unreasonable, or more than should be given,
and that the opening and improving the road is called for by the public interest,
and the finances of the county will justify, they, in that case, will approve and ac-
cept the award, and order the money to be paid ; and the same being paid, the com-
missioner, superintendent or supervisor, shall proceed to open and construct said
road; which proceedings being recorded in the commissioners' court, the right of
way shall be thereby secured : Frovided, That the corporation, company, owner or
owners of the land shall have the right to appeal from the decision of the commis-
sioners' court to the circuit court, and the case shall be acted upon in such manner
as the court may determine, with a view to justice, and the establishment of the road,
who shall make such order therein as may seem right and just, which decision shall
be final. The provisions of this section shall extend to a cart-way, as contemplated
in the twenty-first section of this chapter ; viewers appointed to be sworn, report
to be made, the damages to be paid by the individuals desiring the cart-way, to
be confirmed by the commissioners' court ; and either party may appeal to the circuit
court, where the case being fully heard, such judgment or order shalL be made
thereon, as the court shall deem right, and which shall be a final decision.

Sec 39. Supervisors are hereby authorized to bring suits before any justice
of the peace of the county, to recover any and all sums due for road labor, road
tax, fines and forfeitures imposed by this chapter, which are intended to come into
the hands of such supervisors for road purposes, and to collect, disburse and ac-
count for the same ; suing in the name of the county commissioners, in their official
capacity.

Sec. 40. Any supervisor who neglects to keep the roads in his district in good
repair, agreeably to the provisions of this chapter, or fails to perform any other
duty herein required, shall be liable to indictment, and on conviction thereof, shall
be fined, in a sum not less than five dollars, and not exceeding fifty dollars, to be
expended on some road within the district of said supervisor.

Sec 41. The clerk of the commissioners' court in each county shall, at each
term of the circuit court, make out and furnish the grand jury with a list of the
names of all supervisors in the county, with the date at which they were ap-
pointed.

Sec 42. Sheriffs, and clerks of the county commissioners' courts, shall be al-
lowed a fair and reasonable compensation for discharging the duties required of
them by this chapter, to be paid out of the county treasury, on the allowance and
order of the county commissioners' courts respectively. 3

Afpkoved : March 3, 1845,

[Amended: — See Appendix, Acts Nos. 30 and 31.]

CHAPTER XCIV.
SALTPETRE CAVES.

Section
1. Saltpetre caves to be inclosed so as to exclude
stock.

Section
2. Persons working caves Avithout inclosing them,
fined fifty dollars, and liable for all damages.

Section 1. All persons working saltpetre caves in this State, for the purpose
of manufacturing saltpetre, shall, previous to commencing the manufacture of salt-
petre, inclose such caves with a good and lawful fence, and keep the same at all
times in good repair, so as to prevent cattle and other stock from gaining access
thereto.

Sec. 2. All persons working saltpetre caves in this State, and not first complying
with the preceding section, may be fined, in any sum not exceeding fifty dollars, to
be recovered before any justice of the peace of the county in which the offence may
be committed, upon complaint made by any person, in the name of the county com-
missioners' court of such county, one-half to the person suing therefor, the other
to the county commissioners' court of the county ; and shall also be liable for all
damage which individuals may sustain by reason of their stock gaining access to
saltpetre caves or manufactories.

Approved : March 3, 1845.

CHAPTER XCV.

SEAT OE GOVERNMENT,

Section
1. Seat of government to be at Springfield; su-
preme court to hold its terms, and the General
Assembly its sessions at that place; resi-

Section

dence of officers required to be at the seat
of government, to be at Springfield, &c.

Section 1. The seat of government of the State of Illinois, shall be deemed
and held to be at Springfield, in the county of Sangamon ; and all terms of the su-
preme courf^ and sessions of the General Assembly, shall be holden at Springfield ;
and all acts, judicial, legislative or executive, required to be done or executed at
the seat of government, shall be clone and executed at Springfield ; and all laws
requiring any officers to reside at the seat of government, or requiring any matter
or thing to be done and performed, or requiring action of any kind, by officers or
individuals, at the seat of government, are hereby made and declared applicable to
Springfield, as the seat of government.

Approved : March 3, 1845.

CHAPTER XCVL

SECRETARY OF STATE

Section

1 . Secretary to keep State seal ; to keep record of

executive acts ; report, &c.

2. To purchase furniture, fuel for offices, and for

the General Assembly; his accounts, how
kept and paid.

3. To keep State House in repair, &c.

4. To preserve furniture, &c, of the two houses.

5. Shall, when requested, give certified copies of

laws, &c, in his office ; fees therefor.

6. Commissions to be countersigned, sealed and

register thereof kept by secretary.

7. Laws, &c., to be deposited in secretary's office.

Section
S. Books, bills, &c, in possession of either House
of the General Assembly, to be deposited in
secretary's office on their adjournment.
9. Duty of secretary and treasurer to preserve
from waste, the State House and public prop-
erty in Springfield.
Geological specimens, &c, to be preserved by

the secretary of State.
To keep catalogue, &c, of geological specimens.
12. To file and preserve letters and statements con-
cerning specimens ; to report to the legisla-
ture.

10.

11.

Section 1. The secretary of State shall be keeper of the seal of the State :
he shall reside and keep his office at the seat of government : shall keep a fair re-
gister of all the official acts of the governor ; and when required, shall lay the
same, and all papers, minutes and vouchers relative' thereto, before either House of
the General Assembly.

Sec. 2. It shall be the duty of the secretary of State to procure the necessary
furniture, presses for the safe deposit of the archives of his office, and the ne-
cessary books and stationary, and fuel for use therein. It shall be his duty to pur-
chase all articles necessary for the use of the members of the General Assembly,
and the officers of the same, which he shall charge to the State in his own name ;
taking in all cases, a receipt from the person of whom the same shall be purchased :
and all expenditures under this section shall be certified by the Governor to the
auditor of public accounts, who shall issue his warrant upon the State treasurer
for the amount of the same.

Sec. 3. As often as the windows and doors of the State house, shall need re-
pairs, or the furniture thereof to be replenished or repaired, the said secretary shall
have the same done, which shall be allowed and paid for as above ; and he shall
permit the firewood which may remain on hand, at the end of the General Assem-
bly, to be used for the public offices.

Sec 4. At the close of every session of the General Assembly, the secretary of
State shall cause all the tables, chairs, desks and other furniture of the two Houses
of the General Assembly, to be placed in secure rooms and locked therein ; and he
shall not permit any part of said furniture to be used during the recess of the
General Assembly, for any purpose whatever.

Sec. 5. The secretary of State shall, when required by any person or persons
so to do, make out copies of all laws, acts, resolutions or other records, appertain-
ing to his said office, and shall attach thereto his certificate, under the seal of this
State, and for which he shall be entitled to such fees and compensation as now are,
or hereafter may be allowed by law.

492 SECRETARY OF STATE.

Sec. 6. All commissions required by law to be issued by the Governor, shall
be countersigned by the secretary of State, who shall also affix the State seal there-
to. He shall also make a register of such commission, specifying the person to
whom given or granted, the office conferred, with the date and tenor of such com-
mission, in a book, to be provided and kept for that purpose.

Sec. 7. All public acts, laws and resolutions that have been, or shall be passed
by the General Assembly of this State, shall be carefully deposited in the office of
secretary of State 5 and the secretary of State is hereby charged with the safe keep-
ing of said office, and all laws, acts, resolutions and records deposited, or which
shall hereafter be deposited therein.

Sec. 8. The secretary of the senate and clerk of the house of representatives,
at the close of each session of the General Assembly, shall deliver to the secretary
of State, all books, bills, documents and papers in the possession of either branch
of the General Assembly, correctly labelled, folded, and classed according to the
subject matter of such documents respectively ; and the secretary of State is here-
by required to lile the same in his office.

Sec 9. It shall be the duty of the secretary of State and treasurer, to take
charge of and safely preserve from waste, the houses, lots, grounds and appurte-
nances, situated within the city of Springfield, and belonging to the State of Illinois.

Sec. 10. It shall be the duty of the secretary of State, to receive and safely
preserve, in some convenient and proper place in the State house, all such geologi-
cal and mineralogical specimens, ancient remains, Indian and other antiquities, as
may be presented or sent to him.

Sec 11. It shall also be the duty of the secretary of State, to make and pre-
serve, in the library room of the State house, or in the room where said specimens
shall be kept, a catalogue, specifying therein from what place, from whom and
when the same was received, with such additonal memoranda as he shall deem im-
portant and proper.

Sec 12. It shall be the duty of the secretary of State to file away and pre-
serve in his office, all letters and written statements accompanying said specimens,
and such treatises on scientific subjects as shall be furnished to him : and at each
session of the General Assembly, he shall report thereto, giving a general account
of the specimens received and the information obtained.

Approved: March 3, 1845.
[Amended: — See Appendix, Act No. 32.]

CHAPTER XCVII.

SECURITIES.

Section

1. One person bound as security for another, who

is about to abscond or become insolvent,
may notify creditor to bring suit, if right of
action has accrued; if creditor fail to bring
suit or take measures to recover of principal
in a reasonable time, securities to be released
from liability.

2. Heirs and other legal representatives; same

rights and liabilities pertain to them as to prin-
cipals.

3. What securities not affected by this chapter.

Section

4. Rights and remedies of creditor against princi-

pal debtor not impaired hereby.

5. Securities, who have paid debt for principal, may

have summary remedy for its recovery.

6. Obligations of joint securities to creditor, and

to each other, defined.

7. Security shall not confess judgment so as to

distress principal, provided principal will give
him collateral security.

8. How bail may proceed against principal, after

having suffered judgment.

Section 1. When any person or persons shall hereafter become bound as se-
curity or securities by bond, bill or note, for the payment of money or other pro-
perty, shall apprehend that his or their principal debtor or debtors, is or are likely
to become insolvent, or to migrate from this State, without previously discharging
such bond, bill or note, so that it will be impossible or extremely difficult for such
security or securities, after being compelled to pay the money or other property due
by such bond, bill or note, to recover the same back from such principal debtor or
debtors, it shall or may be lawful for such security or securities, in every such case,
provided an action shall have accrued on such bond, bill or note, to require, by no-
tice in writing, of his, her or their creditor or creditors, or his, her or their assignee,
forthwith to put the bond, bill or note by which he, she or they may be bound as
security or securities as aforesaid, in suit : and unless such creditor or creditors, or
assignee, so required to put such bond, bill or note in suit, shall, in a reasonable
time, commence action on such bond, bill or note, and proceed with due diligence
in the ordinary course of law, to recover a judgment for, and by execution to make,
the amount due by such bond, bill or note, the creditor or creditors, or assignee so
failing to comply with the requisitions of such security or securities, shall thereby
forfeit the right which he or they otherwise have to demand and receive of such
security or securities the amount which be due by such bond, bill or note.

Sec 2. Any security or securities, or in case of his, her or their death, then
his, her or their heirs, executors or administrators may, in like manner, and for
the same cause, make such requisitions of the executors or administrators, or as-
signee of the creditor or creditors of such security or securities, as is hereinbefore
enacted may be made by a security or securities of his or their creditor or credi-
tors ; and in case of failure of the executors or administrators so to proceed, such
requisition as aforesaid, being duly made, the security or securities, his or their exe-
cutors or administrators making the same, shall have the same relief that is herein-
before provided for a security or securities, when his or their creditors shall be
guilty of a similar failure.

494 SECURITIES.

Sec. 3. Nothing contained in this chapter shall be so construed as to affect
bonds, collateral conditions, or the bonds which may be entered into by guardians,
executors, administrators, or public officers.

Sec 4. The rights and remedies of any creditor or creditors, against any prin-
cipal debtor or debtors, shall be in nowise affected by this chapter ; anything herein
to the contrary, or seeming to the contrary notwithstanding.

Sec. 5. In all cases where judgment hath been or shall hereafter be entered up
in any of the courts of record within this State, against any person or persons as
security or securities, their heirs, executors or administrators, upon any note, bill,
bond or obligation, and the amount of such judgment, or any part thereof, hath
been discharged by such security or securities, his, her or their heirs, executors or
administrators, it shall be lawful for such security or securities, his, her or their
heirs, executors or administrators, to obtain judgment by motion, against such prin-
cipal obligor or obligors, his, her or their heirs, executors or administrators, in any
court where such judgment may be entered up against such security or securities,
his, her or their heirs, executors or administrators.

Sec 6. Where the principal obligor or obligors have, or shall hereafter be-
come insolvent, and there have been, or shall be two or more securities jointly
bound with the said principal obligor or obligors in any bond, bill, note or other
obligation, for the payment of money or other things, and judgment hath been, or
hereafter shall be obtained against one or more securities, it shall and may be law-
ful for the court, before whom such judgment was, or shall be obtained, upon the
motion of the party or parties against whom such judgment hath been entered up
as securities, as aforesaid, to grant judgment and award execution against all and
every of the obligors and their legal representatives, for their and each of their re-
spective shares and proportions of the said debt, with the damages and costs of the
former suit.

Sec 7. No security or securities, his, her or their heirs, executors or ad-
ministrators, shall be suffered to confess judgment, or suffer judgment to go by de-
fault, so as to distress his, her or their principal or principals, if such principal or
principals will enter him, her or themselves, as defendant or defendants to the suit,
and tender to the said security or securities, his, her or their heirs, executors or ad-
ministrators, other good and sufficient collateral security, to be approved of by the
court before whom the suit shall be depending.

Sec 8. In all cases where judgment hath been, or hereafter shall be enter-
ed up in any of the courts of record in this State, against any person, as appear-
ance or special bail for the appearance of another, to defend any suit depend-
ing in such court, and the amount of such judgment, or any part thereof, hath been
paid or discharged by such bail, his, her or their heirs, executors or administrators,
it shall and may be lawful for such bail, his, her or their heirs, executors or admin-
istrators, to obtain judgment by motion, against the person or persons for whose
appe irance they were bound, his, her or their heirs, executors or administrators,
for the full amount of what may have been paid by said bail, his, her or their
heir?, executors or administrators, together with interest and cost, in any court
where judgment may have been entered up against such appearance or special
bail: Provided, always, That no judgment shall be obtained by motion in any of
the cases aforesaid, unless the party or parties against whom the same is prayed,
shall have ten clays' previous notice thereof.

Approved: March 3, 1845.

CHAPTER XCVIII.

SCHOOLS.

Section

1. What lands reserved and held as common

school lands.

2. School lands to be under the superintendence of

commissioners of coimties in which lands lie.

3. Trespasses to timber on school lands, how pun-

ished ; trespassers jointly and severally liable ;
trespassers liable to indictment and line; to
whom tines payable.

4. Secretary of State, ex officio, superintendent of

common schools ; his duty as such.

5. To have supervision of schools; to advise teach-

ers, school commissioners, &.c, as to books,
school houses and schools.

6. Shall report to the Governor, before the fifteenth

of December, once in two years ; what facts
to be contained in report.

7. School commissioners elected in each county

once in two years, who shall give bond ; its
conditions.

8. Contested elections of, how decided ; vacancies,

how tilled.

9. He shall sell school lands, loan funds, apply in-

terest in support of schools, collect funds for
townships.

10. May be removed for cause ; may be required to

give new bond.

1 1 . Shall keep books ; what to be recorded therein.

12. Commissioner to be superintendent ex officio for

his county; shall visit schools, and examine
teachers ; teacher not examined and approved,
not to receive school moneys ; superintendent
to report once in two years, to the State super-
intendent.

13. School lands may be sold on petition of two-

thirds of inhabitants of township; how, and
by whom to be signed ; proviso.

1 4. Lands, how divided and sold ; plat to be filed.

15. Divisions, how made.

16. Terms of sale, cash; purchaser, may borrow

amount of his bid, by giving security, &c.

17. Sale to be at the court house; notice to be

given.
1 S. Order, manner and time of sale.

19. If bidder fail to pay, land to be re sold; may

be sued for failure.

20. Lands not sold, subject to private entry.

21. Unsold lands to be re-valued after two years;

report of second valuation.

22. When sale completed, entry and report thereof

to be made.

23. School commissioner to report account of money

received and loaned.

24. To report sales to auditor.

25. Purchaser entitled to patent; by whom and how

patent executed ; auditor to keep record of.

26. Duplicates of patent, how may be obtained.

27. Commissioners may loan school funds; rate of

interest to be eight per cent. ; time of loan
fixed ; what security required.

28. Notes and mortgages, to whom payable; form

of mortgage; suit thereon; mortgage, if in

Section

different form, valid ; improvements on mort-
gaged lands not to be estimated.

29. If additional security required be not given,

suit may be bi ought.

30. School fund to have preference in payment of

debts by executors and administrators.
3'1. If default be made in payment, twelve per cent,
may be charged ; how recovered ; semi-annu-
al interest may be sued for ; juiisdiction of
justice of the peace.

32. Interest account to be kept; interest to be added

to principal.

33. School commissioners and trustees may bid off

real estate, if advantageous to the fund ; for-
mer purchases valid.

34. May compromise'with debtors, and make settle-

ments of debts; may receive estate, &.c. ; such
lands may be leased or sold ; how leased or
sold.

35. Congressional township constituted a school

township, and incorporated by the election of
trustees ; trustees, their term of office.

36. Qualification of trustees.

37. Election of trustees, when to be held ; notice of

election, how given.

38. Judges of such elections, how chosen.

39. Elections, how conducted, &c.

40. Voters, their qualifications ; tie, how decided.

41. Subsequent elections, how held ; vacancies, how

filled.

42. Election returns, how certified and disposed of.

43. Trustees to be elected, to succeed trustees un-

der old law; their powers ; their title; rights
of former trustees vested in them.

44. Meetings of trustees to be quarterly; quorum.

45. Trustees to appoint treasurer ; his duties.

46. Treasurer to be, ex officio, superintendent of

schools for his township ; his duties in that
capacity.

47. Township school fund to b3 paid to treasurer.

48. Treasurer, his term of office ; may be removed.

49. Shall give bond ; penalty and condi'ions; bond

to be approved and filed.

50. On giving bond, books, moneys, &c, to be de-

livered to treasurer; his receipt therefor to
be evidence.

51. Treasurer to keep books of account, and of rec-

ord ; shall keep record of acts of trustees ;
such record open to inspection ; when funds
may remain in hands of comnrissioner.

52. On what conditions, and in what manner treas-

urer may loan funds ; securities taken in offi-
cial name of trustees.

53. Township funds to be loaned ; interest, how ap-

plied ; when interest may be loaned, as well as
principal.

54. Treasurer to keep interest account; interest to

be added to principal.

55. Trustees, at quarterly meeting, to examine

books.

496

SCHOOLS.

58.
59.

60.

61.

tit.
65.

Section

56. Interest, account of, made semi-annually; sub-

ject to be distributed.

57. In case of resignation or death of treasurer,

books, papers, &.C., how to be disposed of.

What schools shall receive benefit of school fund.

Trustees to lay oil' townships into school dis-
tricts; to purchase libraries; to preserve
funds; to take and hold real estate; to regu-
late management of schools ; to divide dis-
tricts ; general powers.

School directors, when, how, and for what time
elected; their qualifications; quorum; may
employ teachers and fix their compensation,
erect school houses, visit schools, make rules,
&.c.

Shall see that schools are well conducted, and
proper schedules kept; furniture, fuel, &c,
how paid for.

62. Teachers lequired to make 'schedules of schol-

ars; what facts schedules shall contain; form
of schedule for a common school.

63. How schedule shall be closed, added up and

certified.
Form of teacher's certificate.
School directors shall examine schedule, correct

errors, and certify its correctness; form of

their certificate.

66. Schedules, when made and certified, to be deliv-

ered to treasurer, who shall make abstracts
thereof for use of trustees.

67. Children residing in one district, may be sent to

school in another, with* consent of its direc-
tors, but shall not partake in the control of
such school; children residing in one township
may attend school in another, &.C.
6S. Directors to furnish treasurer once in two years,
with list of children under twenty-one years
of age; when treasurer shall make such enu-
meration.

69. Punishment for making false return.

70. Treasurer shall report biennially to school com-

missioner, abstracts of the number of chil-
dren; school commissioner shall apportion
funds according to such number, and pay it to
treasurers of townships annually.
Treasurers shall pay to teachers ; shall lay ab-
stracts before trustees ; trustees shall appor-
tion funds among districts ; if for ten succes-
sive months, no school be kept in any district,
such district not to share in school fund; its
share, how disposed of.

71

75.

76.

77.

Section

72. Schedules of teachers to be reported semi-an-

nually, by treasurer to trustees, who shall ap-
portion funds among teachers.

73. Teachers, who have leturned schedules from

other townships, to share in distribution of
funds.

74. Teacher may sue trustees for refusal to pay ; in

what case their individual property shall be

liable.
What moneys shall constitute the common school

fund.
State to pay interest on common school fund;

college and seminary fund, to be loaned to, and

made part of school fund.
Auditor to ascertain number of children under

twenty years of age in each county, and divide

interest accordingly, and issue his warrants

therefor.

78. How such money to be divided among town-

ships, county school fund, division of.

79. Township funds, how applied.

80. Compensation of commissioners; compensa-

tion of treasurer ; duty of trustees as to com-
pensation, &c.
31. School officers, how punished for embezzlement
of school funds.

82. Trustees liable for insufficiency of bond of trea-

surer; jointly and severally liable.

83. Real estate of school officers liable from date of

process; sale, &c, not to defeat lien on such
estate.

84. Special tax may be laid in school districts, by

voters thereof; how and when vote to be ta-
ken.

85. Vote of two-thirds necessary to levy tax ; its

amount; record of vote to be kept; treasurer
to certify vote to county commissioners'
court; tax to be computed, entered in tax
book, collected and paid over to treasurer of
school township.

86. Depreciated funds to be sold for cash.

87. School fund not liable for costs.

88. Acts repealed.
Officers under old laws to continue until super-
seded ; town corporations not disturbed ; nor
school districts; leases confirmed; disposi-
tion of unsold lands ; contracts, &c, made un-
der late laws, to continue valid.

Trustees may examine teachers, and give cer-
tificate of qualification.

89.

00.

Section 1. Section number sixteen, in every township granted to the State by
the United States, for the use of schools, and such sections as have been or may be
granted as aforesaid, in lieu of section sixteen ; and also, the lands which have been
or may be selected and granted as aforesaid, for the use of inhabitants of fractional
townships, for the use of schools, in which there is no section numbered sixteen, or
where such section shall not contain the proper proportion for the use of schools in
such fractional township, shall be held as common school lands : and the provisions
of this chapter referring to common school lands, shall be deemed to apply to the
lands aforesaid.

Sec. 2. The common school lands shall be under the care and superintendence
of the county commissioners of the several counties in which the same may be
situated, except that when any township lies in more than one county, the business
of the township relating to common school lands, shall be transacted in the county
containing the greater portion of such land.

Sec 3. If any person shall, without being authorized, cut, fall, box, bore, de-
stroy or carry away, any tree or sapling, standing or being upon any common school

SCHOOLS. 497

lands, such person shall forfeit and pay, for every tree or sapling so felled, boxed,
bored, destroyed or carried away, the sum of eight dollars ; which penalty shall be
recovered, with costs of suit, by action of debt or assumpsit, before any justice of
the peace, or in the circuit court, either in the corporate name of the trustees of
schools in the township to which the land belongs, or by action qui tarn, in the name
of any person who will first sue for the same, one-half for the use of the person
suing, the other half to the use of the township aforesaid. When two or more
persons shall be concerned in the same trespass, they shall be jointly and severally
liable for the penalty herein imposed. Every trespasser upon common school lands
shall be liable to indictment, and upon conviction, fined in three times the amount
of the injury occasioned by such trespass, and shall stand committed as in other
cases of misdemeanors. All penalties and fines imposed under the provisions of
this section, shall be paid to the treasurer of the township, and be added to the prin-
cipal of the township fund : Provided, That when recovered by action qui tarn, one-
half only shall be so paid.

Sec 4. The secretary of State shall be, ex officio, State superintendent of common
schools : He shall counsel and advise, in such manner as he may deem most advi-
sable, with experienced and practical school teachers, as to the best manner of con-
ducting common schools, and the most approved text books, maps, charts, apparatus.
&c, to be used in common schools.

Sec. 5. Said superintendent shall have the supervision of all the common schools
in the State, and shall be the general adviser and assistant of school commissioners
in the State : He shall, from time to time, as he may deem for the interest of schools,
address circular letters to said commissioners, giving advice as to the best manner
of conducting schools, constructing school houses and procuring competent teachers:
he shall recommend the most approved text books, maps, charts and apparatus, and
shall urge uniformity in the use of the same, as well as in the manner of conducting
common schools throughout the State, and shall use his influence to reduce to a
system of practical operation, the means of supporting common schools in the State.

Sec 6. The State superintendent shall, before the fifteenth day of December,
eighteen hundred and forty-six, and before the fifteenth day of December, in ev-
ery second year thereafter, report to the Governor, the condition of common schools
in the several counties of the State, the number of schools in each county, the num-
ber taught by males, and by females, the number of scholars in attendance, and the
number in the county under twenty-one years of age, the amount of township funds,
the amount annually expended for schools, the amount raised by an ad valorem tax,
the number of school houses, together with such other information and suggestions
as he may deem important in relation to the school laws, and the means of promo-
ting common school education throughout the State, which report shall be laid be-
fore the General Assembly, at each regular session.

Sec 7. On the first Monday in August next, and on the same day every two
years thereafter, there shall be elected by the qualified voters of each and every
county in this State, a school commissioner, who shall execute the duties herein
required. He shall, before entering upon his duties, execute a bond, payable to the
people of the State of Illinois, with two or more responsible freeholders as security,
to be approved by the county commissioners' court, in a penalty of not less than
twelve thousand dollars, to be increased under the discretion of said court, in pro-
portion to his responsibilities, conditioned that he will faithfully perforin, all the
duties of school commissioner for said county, according to the laws which are, or

32

498 SCHOOLS.

may be in force; by which bond the obligors shall be bound jointly and severally,
and upon which an action or actions may be maintained for the use of any township
or fund injured by any breach thereof, and joint actions may be maintained to the
use of two or more funds.

Sec. 8. All contests in relation to the election of school commissioner, shall be
decided as in relation to sheriffs and coroners ; and when any vacancy shall occur
in the office of school commissioner, the county commissioners' court shall fill such
vacancy by appointment, till the next regular election for such officer, and until his
successor is qualified ; and the person so appointed, shall give bond and security,
the same as if elected by the people.

Sec. 9. The said commissioner shall make sale of the common school lands held
for the use of each township in his county, upon the terms and in the manner re-
quired by law. He shall then loan the funds of the township, apply the interest
accruing upon township funds, to the support of common schools, and perform such
other duties as may be required of him. He shall also attend to the collection of all
demands in favor of the several townships of his county, to settling the accounts of
trustees, and, when necessary, to the prosecution of suits for the recovery of de-
mands in favor of townships ; and all moneys collected, shall be applied as required

by law.

Sec 10. The said commissioner shall be liable to removal by the county com-
missioners' court, for any palpable violation of law or omission of duty; and if a
majority of said court shall at any time be satisfied that his bond is insufficient, it
shall be his duty, on notice, to execute a new bond, to be payable, conditioned, and
approved as the first bond; the execution of which shall not affect the old bond, or the
liability of the security thereon.

Sec 11. The said commissioner shall provide three well bound books for the
following purposes : First, a book in which he shall record at length, all petitions
presented to him for the sale of common school lands, and the plats and certificates
of valuation made by or under the direction of the trustees of schools, and all the
affidavits in relation to the same. Second, a book in which he shall keep a list of
all sales of school lands, which list shall contain the date of sale, name of purchaser,
quantity and description of lands sold, ai\d the sum sold for. Third, a book in
which he shall keep a regular account of money received and paid, or loaned out,
the person to whom loaned, the time for which the loan was made, the rate of in-
terest, the names of securities, when personal security is given, or in case of real
estate, a description of the same; which books shall be paid for out of the county
treasuries of the counties in which they are used. The lists of sales and the ac-
counts of each township fund shall be kept separate.

Sec 12. Each and every school commissioner shall be, ex officio, superintendent
of common schools in his county, and shall, by himself or some other qualified per-
son, as often as practicable, visit all the townships in his county, inquire into the
condition and manner of conducting schools in the same, and use his influence to
carry out the system proposed by the State superintendent : He shall also, with
such person or persons as he shall associate with him, examine any person proposing
to teach a common school, in any township in his county, touching his or her qual-
ifications, properly to teach orthography, reading in English, penmanship, arithme-
tic, English grammar, modern geography, and the history of the United States ; and
if lie shall find such person qualified, he shall, on being satisfied of his or her good
moral character, give such person a certificate of qualification ; and no person who

SCHOOLS. 499

shall teach a school without first having obtained such certificate, shall be entitled to
receive any portion of the public fund : Said' school commissioner shall, also, by the
first day of November, before each session of the General Assemby, communicate
to the State superintendent, all such information upon the subject, of common schools
in the county, as the State superintendent is bound to embody in his report to the
Governor ; and such other information as the State superintendent shall require.

Sec. 13. When the inhabitants of any township shall desire the sale of the com-
mon school land of the township, they shall present a petition to the school commis-
sioner of their county for the sale thereof, which petition shall be signed by at least.
two-thirds of the white male inhabitants of the township over twenty-one years of
age. The signing of the petition must be in presence of two citizens of the town-
ship, after the true meaning thereof shall have been explained; and when signed,
an affidavit shall be fixed thereto, by the two citizens proving the signing in man-
ner aforesaid, and stating the number of white male inhabitants in the township
over twenty-one years of age ; and said petition, so proved, shall be delivered to the
commissioner for his action thereon : Provided, Thut no whole section shall be sold
in any township containing less than fifty inhabitants : school lands in fractional
townships may be sold when the number of inhabitants and the number of acres are
in the ratio of fifty to six hundred and forty, but not before.

Sec 14. When the petition and affidavits are furnished to authorize the sale of
common school land, the school commissioner shall notify the trustees of schools
thereof, and said trustees shall, immediately, proceed to divide the land into tracts or
lots, of such form and quantity as will produce the largest amount of money; and
after making such division, a correct plat of the same shall be made, representing
all the divisions, with each lot numbered and defined, so that its boundaries may be
forever ascertained. The trustees shall then fix a value on each lot, having regard
to the terms of sale, certify to the correctness of the plat, (stating the value of each
lot per acre, or by the lot, if less than an acre,) and referring to and describing the
loi in the certilicate, so as to fully and clearly distinguish and identify each lot ;
which plats and certificate shall be delivered to the school commissioner, and shall
govern him in advertising and selling said lands.

Sec 15. In sub-dividing common school lands for sale, no lot shall contain more
than eighty acres, and the division may be made into town or village lots, with
roads, streetsor alleys between them, and through the same, and all such divisions,
with all similar divisions heretofore made, are hereby declared legal : and all such
roads, streets and alleys, public highways.

Sec. 16. The terms of selling common school lands, shall be, to the highest bid-
der fur cash, with the privilege of each purchaser, to borrow the amount of his bid
for any period, not less than one, nor more than five years, upon his paying inter-
est, and giving security, as in case of money loaned.

Sec 17. The place of selling common school lands, shall be at the court house
of the county in which the land is situated ; and upon the reception by the school
commissioner, of the plat and certificate of valuation from the trustees, he shall pro-
ceed to advertise the said land for sale in lots as divided and laid off by the trustees,
by posting notices thereof in at least six public places in the county, forty days next
anterior to the day of sale, describing the land, and stating the time, terms and place
of sale ; and if any newspaper is published in said county, said advertisement shall
be printed therein for four weeks before the day of sale ; if none, then to be sold
under the notice aforesaid.

500 SCHOOLS.

Sec. 18. The order of sale shall be to begin at the lowest number of lots, and
proceed regularly to the highest till all are sold or offered. No lot shall be sold for
less than its valuation by the trustees ; sales shall be made between the hours often
o'clock, A. M., and six o'clock, P. M., and may continue from day to day. The
lots shall be cried separately, and each lot cried long enough to enable any one to
bid, who desires it.

Sec 19. Upon closing the sales each day, the purchasers shall each pay, or
secure the payment of the purchase money according to the terms of sale, or in case
of his failure to do so by ten o'clock the succeeding day, the lot purchased shall
be again offered at public sale, on the same terms as before ; and if the valuation
shall be bid, shall be stricken off, but if the valuation be not bid, the lot shall be
set down as not sold. If sale is made, the former purchaser shall be required to
pay the difference between his bid and the valuation of the lot ; and in case of his
failure to make such payment, the school commissioners may, forthwith, institute an
action of debt or assumpsit in his name, for the use of the inhabitants of the town-
ship where the land lies, for the required sum; and upon making proof, shall be
entitled to judgment, with costs of suit, which, when collected, shall be added to
the principal of said township fund. And if the amount claimed does not exceed
one bunded dollars, the suit may be before a justice of the peace ; but if more than
that sum, then in the circuit court of any county wherein the party maybe found.

Sec 20. All lands not sold at public sale as herein provided for, shall be sub-
ject to sale at any time thereafter, at the valuation; and commissioners are author-
ized and required to sell all such lands at private sale, upon the terms at which
they were offered for at public sale.

Sec 21. In all cases where common school lands have been heretofore valued,
and have remained unsold two years after having been offered for sale, or shall
hereafter remain unsold that length of time after being valued and offered for sale,
in conformity with this chapter, the trustees of schools in townships where such
lands are situated, may vacate the valuation thereof, by an order to be entered on
the record book of the township, and cause a new valuation to be made, if in their
opinion the interest of the township will be promoted thereby ; and in such case
they shall proceed to make a second valuation thereof, in the same manner as the
first was made ; and shall deliver to the school commissioner, a plat of such second
valuation, with the order of vacation; whereupon he shall proceed in selling said
land, in all respects as if no former valuation had been made : Provided, That the
second valuation may be made by the trustees without petition, as provided in the
thirteenth section of this chapter.

Sec 22. Upon the completion of every sale by the purchaser, the school com-
missioner shall enter the same on his sale book, and shall deliver to the purchaser.
a certificate of purchase, stating therein, the name and residence of the purchaser,
describing the land, and the price paid therefor ; which certificate shall be evidence
of the facts therein stated.

Sec 23. At the first regular term of the county commissioners' court, in each
year, the school commissioner shall present to the court of his county : First, a
statement showing the sales of school lands made subsequent to the previous term
of the court, which shall be a true copy of the sale book : Second, statements of
the amount of money received, paid and loaned out, belonging to any township or
fund under his control, the statement of each fund to be separate: Third, state-

SCHOOLS. 501

menls copied from his loan book, showing all the facts in regard to lands which are
required to be stated upon the loan book.

Sec. 24. The said commissioner shall, also, at the time aforesaid, transmit to
the auditor of public accounts, a full and exact transcript from his sale book, of all
the sales made subsequent to each report. The list of sales filed with the county
commissioners, shall be preserved and copied by the clerk of said court, into a well
bound book, kept for that purpose ; and the list transmitted to the auditor, shall be
filed, copied and preserved in like manner.

Sec. 25. Every purchaser of common school land, shall be entitled to a patent,
from the State, conveying and assuring the title. Patents shall be made out by the
auditor, from returns made to him by the school commissioner. They shall contain
a description of the land granted, shall be in the name of and signed by the Gover-
nor, countersigned by the auditor, with the great seal of State affixed thereto by the
secretary of State, and shall operate to vest in the purchaser a perfect title in fee
simple. When patents are executed as herein required, the auditor shall note on
the list of sales, the date of each patent in such manner as to perpetuate the evi-
dence of its date and delivery, and thereupon transmit the same to the school com-
missioner of the proper county, to be by him delivered to the patentee or his assigns,
upon the return of the original certificate of purchase, which certificate, when re-
turned, shall be filed and preserved by the commissioner.

Sec 26. Purchasers of school lands, and their heirs and assigns, may obtain
duplicate copies of their certificates of purchase, and of patents, upon filing affida-
vits with the school commissioner in respect to certificates, and with the auditor in
respect to patents, proving the loss or destruction of the originals ; and such copies
shall have all the force and effect of the originals.

Sec. 27. School commissioners shall loan all moneys which shall come to their
hands by virtue of their office, except such interest as may be required to be paid
for the support of schools, upon the following conditions. The rate of interest shall
be eight per centum per annum, payable half yearly in advance, the time for which
loans shall be made, shall not be less than one nor more than five years ; for all
sums not exceeding one hundred dollars loaned for one year, two responsible se-
curities shall be given; for all sums over one hundred dollars, and for all loans for
more than one year, security shall be given by mortgage on real estate unincum-
bered, in value double the amount loaned, with a condition, that in case additional
security shall at any time be required, the same shall be given to the satisfaction of
the commissioner for the time being. Notes and mortgages shall be payable to the
school commissioner of the county without naming him, for the use of the township
or fund to which the money belongs, and such notes and mortgages shall be valid,
and the money may be collected thereon by suit or otherwise, in the name of the
school commissioner of the county, for the use stated, without using the name of
the commissioner in the prosecution thereof: Provided, however, That notes and
mortgages in which the name of the school commissioner is inserted shall be valid
to all intents and purposes.

Sec. 28. Mortgages to secure the payment of school funds loaned, may be in
the following form :

"I, A. B., of the county of and State of do hereby grant,

convey and transfer to the school commissioner of the county of for the

use of the inhabitants of township range (or for the use of the

county school fund of the county of , ) the following real estate : (here

'

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— ■* - « i

SCHOOLS. 503

townships, for the use of schools ; and all purchases of land heretofore made by
school commissioners or township trustees, for the use of any fund or township for
the use of schools, are hereby declared valid.

Sec. 34. The school commissioners in this State, and the trustees of schools,
are hereby vested with general power and authority to make settlements with per-
sons indebted to them, respectively, in their official capacity ; to receive deeds of
real estate in compromise, and to cancel, in such manner as they may deem most
proper, notes, bonds, mortgages, judgments and decrees, existing, or that hereafter
may exist in their favor, when the interest of the township or the fund concerned
shall, in their opinion require it; and their action shall be valid. Said commission-
er or trustees, as the case may be, are hereby authorized to lease, or sell at public
auction, any land that may come into their possession, in such manner and on such
terms as they shall deem for the interest of the township : Provided, That in all
cases of sale of land as provided in this section, the sale shall be made at the same
place, and notice given of it, in the same manner as is provided in this chapter, for
the sale of the sixteenth section.

Sec 35. Each congressional township, as surveyed and laid off by the author-
ity of the United States, is hereby established a township for school purposes. The
business of the township shall be done by three trustees, to be elected by the legal
voters of the township, and the said township, upon the election of trustees as
aforesaid, as hereinafter provided for, shall be a body corporate and politic, by the
name and style of "Trustees of township range ," according to the num-

ber. The corporation shall have perpetual existence, and shall have power to sue
and be sued, to plead and be impleaded, in all courts and places where judicial
proceedings are had. Said trustees shall continue in office two years, and until oth-
ers are elected and enter upon the duties of their office.

Sec. 36. No person shall be eligible to the office of trustee, unless he shall be
a resident householder, or a resident freeholder within the township.

Sec. 37. The election of trustees shall be on the first Saturday of January,
biennially. The first election shall be ordered, if in townships already incorpora-
ted, by the trustees of the township, the treasurer giving notice of the time and
place, by posting up notices of the same, at. least ten days previous to the day of
election. If in townships not incorporated', the trustees appointed by the county
commissioners' court shall give such notice. If there are no trustees in a town-
ship, the clerk of the county commissioners' court shall cause the notice to be
given as aforesaid. For all subsequent elections, the like notice shall be given by
the board of trustees through their treasurer.

Sec 38. Two of the trustees of schools, whether incorporated or unincorpora-
ted township, if present, shall act as judges, and one as clerk of said election. If
the trustees shall fail to attend, or refuse to act when present, then a majority of the
qualified voters present shall choose from among themselves judges and a clerk to
open and conduct said election.

Sec 39. The time and manner of opening, conducting and closing said elec-
tion, and the several liabilities appertaining to the judges and clerks, and the
voters, separately and collectively, and the manner of contesting said elections,
shall be the same as prescribed by the general election laws of this State, defining
the manner of electing magistrates and constables, so far as applicable, subject to
the provisions of this chapter : Provided, The judges may close said election at
four o'clock, P. M.

504 SCHOOLS.

Sec. 40. No person shall vote at said election, unless he possesses the qualifi*
cations of a voter at a general election. In case of a tie at such election, it shall
be determined by lot on the day of the election, by the judges and clerks thereof.

Sec. 41. At all elections subsequent to the first, the trustees shall appoint the
time and place of such election, and act as judges and clerks; and when a vacancy
shall occur in the board of trustees, the remaining trustees shall fill such vacancy.

Sec. 42. Upon the election of trustees, the judges of the election shall cause
the poll-book of said election to be delivered to the school commissioner of the county,
with a certificate thereon, showing the election of trustees, and the names of the
persons elected ; which poll-book, with the certificate, shall be, by said commis-
sioner, filed with the papers of the township in which such election took place, and
shall be evidence of such election.

Sec. 43. The three trustees elected under the provisions of the foregoing sec-
tions, shall be successors to the trustees of school lands appointed by the county
commissioners' court, and of trustees of schools elected in the townships under the
provisions of an act entitled "An act making provisions for organizing and main-
taining common schools," approved, February 26, 1841 : And shall have and exer-
cise all the rights, powers and duties of the trustees of school lands and trustees of
schools, appointed and elected as aforesaid. They shall be styled and known as
trustees of schools of the township in which they are elected. And all rights of
property, and rights and causes of action existing, or vested in the trustees of
school lands, or of schools appointed or elected as aforesaid, for the use of the in-
habitants of the township, or any part of them, shall vest in the trustees of schools
as successors, in as full and complete a manner as was vested in the trustees of
school lands and trustees ot schools appointed and elected as aforesaid.

Sec 44. The trustees shall meet quarterly, and oftener if necessary, at some
convenient place in 'the township, for the transaction of business, at which meeting
two shall form a quorum.

Sec. 45. The said trustees shall, at their first meeting, appoint a treasurer of
the board, who may or may not be one of their own number, whose duty it shall
be to keep a fair and regular journal of the proceedings, actings and doings of the
board of trustees, recording at length all by-laws and resolutions adopted, to re-
ceive and take care of, according to law, all the funds of the township, and loan
the same, and pay out the interest for the support of schools, to keep regular ac-
counts of the funds of the township, and to perform such other duties as may be
prescribed by law, or required by the trustees.

Sec. 46. The treasurer shall be, ex officio, superintendent of common schools in
his township, in which capacity, he shall visit, from time to time, the different
schools in the township, confer freely with school directors and teachers, and com-
municate to them the plans and suggestions of the county and State superinten-
dents, and use his influence to carry out such plans ; and shall procure and furnish
to the school commissioner, all such information concerning his township, as said
commissioner is obliged to communicate to the State superintendent.

Sec 47. The trustees shall cause all moneys collected for rents, or received
for trespass, or which may otherwise come into their hands for the use of the town-
ship, to be paid over to the treasurer of the township, to be applied to the support
of schools as hereinafter provided.

Sec 48. The treasurer shall continue in office until the expiration of the term
of service of the trustees by whom he was appointed, and until the appointment

SCHOOLS. 505

and qualification of a successor ; but he shall be subject to removal at any time by
the trustees, for improper conduct in the discharge of his duty as treasurer.

Sec. 49. Every treasurer appointed as aforesaid, shall, before entering upon his
duties, execute a bond, with two or more freeholders as securities, payable to the
trustees of schools of the township for which he was appointed treasurer, with a
sufficient penalty to cover all liabilities which may be incurred, conditioned faith-
fully to perform all the duties of treasurer of the trustees of schools in township
range according to the laws now, or which may hereafter be in force.
The security shall be approved by the trustees of schools, and the bond shall be
filed with, and kept by the school commissioner of the county ; and every treasurer
appointed subsequent to the first, as herein provided, shall execute bond with secu-
rity as is required of the first treasurer.

Sec. 50. Whenever a township shall have become incorporated, and the bond
of the treasurer approved and delivered to the school commissioner, he shall deliver
over to such treasurer, who shall receipt therefor, all moneys in his hands belong-
ing to the township; also, all bonds, mortgages, notes and securities of every des-
cription, for money or property due or to become due the township, and all papers
of every description belonging or in anywise pertaining to the rights or interest of
the said township ; and the receipt of such treasurer to the school commissioner,
shall be carefully preserved, and shall be evidence of the facts therein stated, as well
in favor of the school commissioner as against the treasurer.

Sec. 51. Every treasurer of a township incorporated as aforesaid, shall pro-
vide himself with two well bound books, the one to be called a cash book, the other
a loan book ; he shall charge himself in the cash book, with all moneys received,
stating in the charge from whom and on what account received, and credit himself
with all moneys paid or loaned, stating in the credit to whom paid, and on what ac-
count, or if loaned, to whom. He shall enter in the loan book, the name of every
person to whom money is loaned, the amount loaned, the date of the loan, the rate
of the interest, the time when payable, the names of the securities, or if real estate
be taken, a description of the same. He shall also provide a book, in which he
shall record the acts and proceedings of the trustees ; which book shall be at all
times subject to the inspection of the trustees, and of any committee appointed by
the inhabitants of the township to examine the same : Provided, however. That in
all cases when the trustees of schools shall wish to let the funds of their township
remain in the hands of the school commissioner of the county, said commissioner
shall retain the same, loan it, and apply the interest as directed by this chapter.

Sec 52. In loaning township funds and taking security therefor, treasurers
shall be governed by the law prescribing and regulating the duties of school com-
missioners in respect to townships, except that treasurers may loan money for a
shorter period than one year ; and the rights and liabilities of persons borrowing
moneys from treasurers, shall be the same as though the money had been borrowed
of the school commissioner. Notes, bonds, mortgages and other securities taken for
money or other property, due or to become due to the trustees of schools, for the
township, shall be payable to the said trustees of schools by their corporate name,
and in such name, suits, actions and complaints, and every description of legal pro-
ceedings may be had for the recovery of money, the breach of contracts, and for
every legal liability which may at any time arise or exist, or upon which aright of
action shall accrue to the use of the corporation.

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SCHOOLS.

507

Sec. 60. It shall be the duty of the legal voters within each school district laid
off by the trustees, to meet at the school house or other suitable place, on the first
Saturday of October next, or so soon thereafter as the township may be laid off
into districts, and on the first Saturday of October, biennially thereafter, and elect
three persons, householders within the district, to be styled "School Directors," who
shall continue in office for the term of two years and until their successors are elec-
ted. A majority of the said directors shall constitute a quorum to do business, and
the board, when convened, shall have power to select building places and to provide
for the building of school houses, to furnish them with the necessary accommoda-
tions, to employ teachers and fix upon their compensation, to visit schools from time
to time, and to make all such rules and regulations as may be necessary and prop-
er, and not contrary to the laws of this State : Provided, That when there is but
one school district in a township, the trustees shall act as school directors for such
district.

Sec 61. Directors of schools appointed according to the foregoing section, shall
attend the school taught in their district, from time to time, and see that the same is
properly conducted, that the teacher keeps regular hours, that the school house is
properly supplied with fuel, and with such furniture as may be necessary to the
accommodation of the scholars ; they shall also have special regard to the keeping
of a schedule by the teacher, in such manner as to entitle him to compensation out
of the school fund : Provided, That the expenses of such fuel and furniture as afore-
said, shall be apportioned among the scholars according to the number of days taught,
and collected with tuition fees, from the parents or guardians of such children.

Sec 62. Teachers shall make schedules of the names of all scholars under
twenty-one years of age, attending their schools, in the form prescribed by this
chapter; and when scholars reside in two or more townships or counties, separate
schedules shall be kept for each township ; and the absence or presence of every
scholar shall be set down under the proper date, and opposite the name on every day
that the school is open ; the absence of a scholar'shall be signified by a blank, the
presence by a mark ; the schedule to be made and returned by the teacher, shall be,
as near as the circumstances will permit, in the following form, viz :

Schedule of a common school, kepi by E. F., at in township sixteen north,

range jive ivest of the principal meridian, in the county of in the State of

Illinois :

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siding in township
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508 SCHOOLS.

Sec. 63. In closing the schedule, the teacher shall make a list of the names of
the scholars attending the school, then add together the number of days which each
scholar has attended, and set down the total number of days at the bottom of the
schedule ; and when the schedule is thus closed, the teacher shall certify to the cor-
rectness of the same.

Sec 64. This certificate shall be, as near as circumstances will permit, in the
following form :

I certify that the foregoing schedule of the names of the scholars therein named,
residing in township range , is correct.

Given under my hand, this day of in the year of our Lord, one thou-

sand eight hundred and

C. D., Teacher.

Sec 65. When the teacher shall have completed his schedule, as above provi-
ded, the directors of the school shall carefully examine the same, and after correct-
ing all errors which they may discover, they shall make a certificate thereon, in
which they shall state that they are directors of the school, that they have attended
to the duties of directors, and that they have examined said schedule, and believe
it to be correct, and to have been faithfully kept ; and shall also state the amount due
to said teacher for his services. The certificate of said directors shall be, as near
as circumstances will permit, in the following form, to-wit :

State of Illinois, )
r. ' > ss.

L/OUNTY OF V

We certify that we have performed the duties of directors, by visiting said school
and superintending the same, that we have examined the foregoing schedule, and
find the same to be correct ; that the scholars named therein, were, at the dates of
their attendance, residents of township range of the princi-

pal meridian, and that there is due to said teachers for instructing the scholars
therein named, at the times therein mentioned, the sum of dollars and

cents.

Witness our hands, this day of 184 .

E. F., )
G. H., > Directors of said school.

j. k., y

Sec 66. The schedules of schools, made and certified as aforesaid, shall be
delivered by the school directors, to the treasurers of the townships to which such
schedules respectively relate, and the said treasurers shall, before the . first Mon-
days of April and October in each year, make abstracts from all the schedules re-
turned to them, showing the name of each teacher, the total number of scholars at-
tending each school, and the lotal number of days taught by each teacher, to be
used by the trustees in dividing the school fund.

Sec 67. A person residing in one school district, shall be at liberty to send
his or her children to a school taught in any other school district in the same
township, provided the directors of the school in the district to which he sends,
shall first assent thereto ; but the person so sending to school in a district in
which he does not reside, shall not thereby be entitled to interfere with, or in any
manner to participate in, the management and control of such school ; and per-
sons residing in one township shall be at liberty to send their children to any
school taught in another township ; but, in such case, a separate schedule shall be
kept by the teacher for each township, which, when examined and certified as re-

SCHOOLS. 509

quired by the provisions of this chapter, shall be returned by the school directors
to the treasurer of the township in which the children contained in this schedule
reside.

Sec. 68. It shall be the duty of the school directors of each school district,
to furnish the treasurer of the proper township, by the first Monday of October
next, and by the first Monday in October, biennially thereafter, with the number
of all white male children, under the age of twenty-one years, residing within the
said district : Provided, That in townships not laid off into districts, and in town-
ships containing not more than one school district, it shall be the duiy of the treas-
urer of the township, to make such enumeration.

Sec. 69. School directors, or either of them, failing to make returns of the num-
ber of children in their district, according to the provisions of this chapter, or if
either of them shall knowingly make a false return, the party so offending, shall be
liable to a penalty, of not less than ten dollars, nor more than one hundred dollars,
to be recovered before any justice of the peace within the precinct, in the name of
the trustees of schools ; which penalty, when so collected, shall be added to the
township fund.

Sec 70. The treasurer of each township in this State, shall, on or before the
first Monday in November next, and on the first Monday in November, biennially
thereafter, furnish the school commissioner with an abstract of the whole number
of white children under the age of twenty years, residing in his township ; and the
school commissioner shall apportion the interest arising from the school, college
and seminary fund, according to the number of children under the age aforesaid",
and shall pay over the distributive share belonging to each township, to the res-
pective treasurers thereof, or other authorized persons, annually ; and the said
school commissioner shall, at the same time, pay over to the treasurers of town-
ships, the interest upon the township fund of such townships.

Sec 71. The treasurer of each township shall charge himself with the amount
of the county school, college and seminary fund, which he may receive from the
school commissioner ; shall pay to the teachers entitled to the same, their respec-
tive portions, and credit himself with all sums paid out by him ; he shall also lay
before the trustees of schools at their semi-annual meetings, abstracts of the returns
made by the directors, as contemplated in the sixty-eighth section of this chapter,
containing the number of all white children under the age of twenty years, in each
school district within their respective townships, and the trustees shall make the
apportionment of the interest and profits arising from the township funds, and the in-
terest arising from the school, college and seminary funds, equally, according to the
number of white children under the age of twenty years within each school dis-
trict respectively ; but in all cases where the inhabitants of any school district shall
fail or neglect for a longer period of time than ten months in succession, to have a
school kept within the limits of their district, the distributive share belonging to
said district, shall be added to, and form a part of the school fund of the township,
and be loaned out as other township funds are ; and district funds in the hands of the
treasurer, shall be loaned out for the time being, in the same manner and on the
game terms that township funds are.

Sec 72. It shall be the duty of the treasurers of townships, to lay before the
trustees, at their semi-annual meetings in April and October of each year, {he ab-
stracts from all the schedules of schools returned to them, showing: the name of
each teacher, the total number of scholars attending each school, and the total num-

510 SCHOOLS.

ber of days taught by each teacher, and the said trustees shall thereupon make an
apportionment of the interest and profits arising from the township funds, and the
interest arising from the school, college and seminary funds, equally, among the
several teachers entitled to it, according to the number of white children under the
age of twenty one years, residing in the respective school districts, in the township
possessed of school funds.

Sec. 73. In making the above distribution, the schedules of teachers in other
townships, if any such have been returned, shall be included, and the just propor-
tion of the funds about to be distributed, shall be allowed and paid to the teacher
who kept such schedule, or to the treasurer of the township in which he taught the
school, for his use ; but in no case shall an apportionment of interest be made to a
teacher, unless his schedule shall have been kept and certified in conformity with
the provisions of this chapter ; nor shall he ever be allowed more than the amount
agreed to be paid by the employers.

Sec 74. If the trustees of schools of any township, shall fail or refuse to pay
to any teacher the proportion of the distributive fund of said township, to which he
may be entitled, said teacher may bring his action of debt against said trustees in
their corporate name, in any court or before any justice of the peace having juris-
diction thereof; and if said trustees shall fail or refuse to pay whatever judgment
may be rendered against them, upon the trial of such suit, within one month from
the rendition of said judgment, execution may be sued out thereon, and levied upon
the individual property of said trustees.

Sec 75. The common school fund of the State, shall consist of the amount due
from the State according to a statement and settlement of the account between the
State and that fund, under the provisions of the act entitled, "An act to provide for
the distribution and application of the interest on the school, college and seminary
fund," approved on the seventh day of February, one thousand eight hundred and
thirty-five ; and of all funds which have been, or may be received by the State from
the United States for the use or support of common schools ; and also of the money
added to the common school fund, which was received from the United States under
the act of Congress providing for a distribution of the surplus revenue of the Uni-
ted States, and which was vested in bank stock by authority of the State.

Sec 76. The State shall pay an interest of six per cent, per annum, upon the
amount of the aioresaid common school fund, which shall be paid annually, on the
first dav of January, and be applied to the support of common schools, as hereinafter
provided. The State shall also pay at the time aforesaid, an. interest of six per cent,
per annum, upon the amount due the college and seminary fund ; which interest
shall be loaned to the common shool fund, and applied with the interest on the com-
mon school fund as aforesaid.

Sec 77. On the first Monday in January in each and every year next after
taking the census of the State, the auditor of public accounts shall, under the
supervision of the commissioners of the school fund of the State, ascertain the
number of white children in each county in the State, twenty years of age, and
under, and shall thereupon make a dividend to each county, of the interest due
upon the school, college and seminary fund, in proportion to the number of per-
sons in each county of the age aforesaid, and issue his warrant to the treasurer, for
the amount due each county, in favor of the school commissioner, or other author-
ized agent thereof; and dividends shall be made according to the proportions ascer-
tained to be due to each county annually thereafter, until another census shall have

SCHOOLS. 511

been taken, and then apportionments shall be made and continued as aforesaid, ac-
cording to the last census.

Sec. 78. The money received by school commissioners upon auditor's warrants,
issued according to the foregoing section, shall be divided among the several town-
ships and fractional townships in each county, according to the number of white
children in each township, under the age of twenty years, agreeably to the provi-
sions of this chapter : when there is a county school fund in the hands of any school
commissioner, it shall be loaned, and the interest applied as provided in this section.

Sec 79. The interest accruing upon township funds, and all profits arising
from the use of township lands, and all rents received, shall be applied to the sup-
port and maintenance of common schools, which may be organized and kept accor-
ding to law.

Sec -80. School commissioners shall be allowed and paid out of the township
funds, three per cent, upon the amount of sales, for their services in receiving and
recording petitions for the sale of school lands, advertising, selling, making reports,
taking security for the purchase money, or loaning purchase money, in case it is
paid ; for receiving money which has been loaned and re-loaning the same, two
per cent, upon the amount re-loaned ; and two per cent, upon the amount of all sums
distributed and paid to teachers or trustees, for the support of schools. And the
compensation of treasurers of townships, shall be the sciine as that allowed school
commissioners for the same services ; but the two per cent, for receiving and re-
loaning money, shall not be allowed, unless there has been an actual payment, and
re-loaning to another and different person : Provided, however, That trustees of
schools shall have the right, and it is made their duty, to reduce the compensa-
tion of treasurers, if, in their opinion, the compensation herein allowed, is more than
is reasonable. The trustees shall, in all cases not herein otherwise provided for
have power to regulate the fees and compensation of treasurers.

Sec 81. If any school commissioner of a county, trustees of schools, treasurer,
or any other person entrusted with the care, control, management or disposition of
school funds belonging to the State, or to any county or township, or to any school
district, or which may be held for the use of any schools, shall convert any such
funds, or any portion thereof, to his own use, with intention to defraud the State,
count)-, township or school out of the same, he shall be liable to indictment, and
upon conviction, shall be fined, in not less than double the amount of money con-
verted, and imprisoned in the county jail, not less than one, nor more than twelve
months, at the discretion of the court.

Sec. 82. Trustees of schools shall be liable, jointly and severally, for the suf-
ficiency of securities taken from treasurers, and in eases of judgment against trea-
surers and their securities, for or on account of any default of such treasurers, on
which the money shall not be made, for want of sufficient property whereon to
levy executions. Actions on the case may be maintained against the trustees, jointly
or severally, and the amount on such judgment not: collected, shall be recovered
with costs.

Sec 83. The real estate of school commissioners and their securities, shall be
bound for the satisfaction and payment of all fclaims and demands against such treas-
urers and commissioners as such, from the date of issuing process against them, in
actions or suits brought to recover such claims or demands until satisfaction thereof
be obtained ; and no sale or alienation of real estate by any commissioner, treasu-
rer or security as aforesaid, shall defeat the lien created by this section; but all and

512 SCHOOLS.

singular such real estate, held, owned or claimed as aforesaid, shall he liable to be
sold in satisfaction of any judgment which may be obtained in such actions or suits.
Sec. S4. On the first Saturday of May next, and the same day annually there-
after, the inhabitants, legal voters of the different school districts of this State, may
meet together at some central place in their respective districts, for the purpose of
voting for or against levying a tax for the support of schools, of building and re-
pairing school houses, or for other school purposes, or to pay existing debts, con-
tracted for other school purposes before that time, in said districts. The directors
shall give ten days' notice of such meeting, by posting up notices in four public
places in the district, setting forth therein the time, place, and object of such meet-
ing. And if the meeting be not convened on that day, it may be held upon any
other day before the first day of June, upon like notice being first given, if the in-
habitants or directors think proper.

Sec. 85. The inhabitants, when convened as above provided, shall organize by
appointing one of their number chairman, and another secretary. They shall then
determine by vote, in such manner as they may choose : First, whether they will
tax themselves for the support of schools and other purposes before named, in the
district, or not. If two-thirds shall vote for a tax, they shall agree upon the amount
to be raised for the current year, not exceeding fifteen cents on the one hundred
dollars, for school purposes. The secretary shall keep a true record of the pro-
ceedings of such meeting, which shall be certified and signed by the chairman and
secretary, and filed and preserved by the treasurer of the township. The treasurer
shall make and certify to the clerk of the county commissioners' court of the coun-
ty, by the first day of June next thereafter, a correct abstract of the votes, and the
amount of money voted to be raised; and said clerk shall compute each man's tax
in said district, taking as a basis the total amount of taxable property returned for
said district by the county assessor for that year, and cause the same to be set upon
the tax -book to be delivered to the county collector for that year, in a separate col-
umn, against each man's name, or parcel of taxable property, as it appears on said
collector's book, to be collected in the same manner as State and county taxes ; and
when collected, to be paid over to the treasurer of the township, and credited in u
separate account on his book.

Sec. 86. All the township treasurers, under the direction of the trustees and
school commissioners in this State, having on hand any State bank or bank of Illi-
nois paper, or other depreciated funds, are hereby authorized to sell the same for
their cash value, and adjust their accounts accordingly. And all such sales here-
tofore made by such commissioner or trustees in any county of this State, are here-
by declared legal and valid.

Sec 87. No justice of the peace, constable, clerk of a court or sheriff, shall
charge any costs in any suit where any agent of any school fund suing for the re-
covery of the same, or of any interest due thereon, is plaintiff, and shall be, from
any cause, unsuccessful in such suit.

Sec 88. An act entitled "An act making provisions for organizing and main-
taining common schools," in force, July first, one thousand eight hundred and forty-
one, and all other acts and parts of act* coming within the purview of this act, are
hereby repealed.

Sec 89. School commissioners appointed heretofore, shall continue in office
until superseded according to the provisions of this chapter, and their duties, res-
ponsibilities and powers shall be governed by the provisions herein named. Trus-

SHERIFFS AND CORONERS.

51;

tees of school lands, heretofore appointed by county commissioners' courts, and
trustees of schools heretofore elected shall also continue to discharge the duties of
their appointment, until trustees of schools are elected under the provisions of this
chapter. Townships heretofore incorporated, shall, without any further action or
proceeding, be considered as incorporated under the provisions of this chapter, and
the trustees and other officers shall continue to discharge their duties till suspended
by appointment or election ; but the rights, powers and duties of all such officers
shall be regulated by the provisions hereof. All school districts heretofore laid off
shall remain as if they had been laid off under the provisions of this chapter, and all
school directors heretofore appointed shall continue in office as if they had been ap-
pointed by the provisions of this chapter, until by election as provided in this chap-
ter. Leases of school lands shall remain valid, and be executed according to the
laws under which they were made. Common school lands, valued and offered for
sale, and remaining unsold, shall be sold upon terms prescribed by this chapter.
All contracts made under the laws hereby repealed, shall remain valid ; and all
rights, remedies, defences and causes of action existing, or which may hereafter
exist or arise under or by virtue of said repealed laws, shall continue and remain
valid, and shall be enforced, notwithstanding the repeal of said laws, unless cancelled
according to the provisions of this chapter.

Sec. 90. The trustees of schools in their respective townships, shall have the
same power to examine teachers, as is given to school commissioners in the twelfth
section of this chapter ; and it shall be their duty, on application, to examine any
person proposing to teach a school in their own township, either by themselves, or
by associating with them some competent person 5 and if, on examination, a majority
of said trustees shall find such person to possess the qualifications named in the
twelfth section of this chapter, and that he or she is of good moral character, shall
grant to such person a certificate to that effect, which shall entitle such teacher to a
due proportion of the school funds to be distributed in such township.

Approved : February 26, 1845.
[Amended: — See Chapter 54, title "Interest;" Also, Appendix, Acts J\os. 21 and 33.]

CHAPTER XCIX.

SHERIFFS AND CORONERS.

Section

1. Sheriffs, when elected, to be commissioned.

2. To give bond, and take oath of office.

3. Bond and oath to be hied and certified.

•4. If sheriff or coroner do not qualify, &c, office
to be vacant, and filled as other vacancies.

5. General duties of sheriffs and coroners.

6. Powers as conservators of the peace.

7. Sheriff to attend circuit court; to have custody

of court house and jail.

8. Sheriff to perform duties of office until his suc-

cessor is elected and qualified ; to deliver pa-
pers, &.c, to successor.

33

Section
9. May, after expiration of term, collect fee bills,
&c.

10. Sheriff may appoint deputy; when sworn, dep-

uty may perform duties of sheriff; sheriff to
be liable for his acts.

1 1 . Sheriff and coroner forbidden to purchase pro-

perty sold by them on execution.

12. No sheriff or deputy to act as county treasurer;

treasurer not to act as sheriff or collector.

13. If sheriff shall have failed to pay over money,

on previous execution, second execution di-
rected to coroner.

514

SHERIFFS AND CORONERS.

Section
14. Sheriff, when to settle with county commission-
ers' court for taxes collected ; to settle with
auditor of public accounts ; if in arrears, not
to be commissioned on re-election ; quietus.

Sheriff or coroner failing or refusing to pay over
money collected; what proceedings had against
them.

Tailing to pay over county funds collected, how
proceeded against.

Failing to settle with auditor of public accounts,
how proceeded against ; to pay ten per cent,
damages.

If office of sheriff become vacant, coroner to
perform his duties until filled ; venue not to
be changed on account of interest, &.c, of
sheriff but coroner to perform duties.

Duty of coroner respecting inquests on dead
bodies found.

When coroner's jury assembled, foreman to be
appointed and oath administered; duty of jury
to inquire cause of death.

15.

16.

17.

18.

19.

Section

21. Witnesses, coroner may compel attendance of;

when evidence to be reduced to writing, and
witness required to 'appear; penalty for refu-
sing to recognize ; coroner to return verdict
into the circuit court.

22. Duty of coroner to apprehend suspected per-

sons.

23. Burial of the dead ; disposition of his effects.

24. If coroner be absent, magistrate may perform

his duties.

25. Execution of deeds, by sheriff; before whom to

be acknowledged.
If sheriff go out of office or die, duties, how

performed, and business, how finished.
If sheriff, coroner, &c, refuse to pay over
money under one hundred dollars, suit may be
brought before justice of the peace; securi-
ties, how liable ; further proceedings.
28. Judgment against sheriff; appeals allowed in
certain cases.

26.

%*t.

Section 1. Whenever any sheriff or coroner shall be elected for any county in
this State, and return of the votes made to the secretary of State, the Governor
shall commission such sheriff or coroner to continue in office for two years, which
commission shall be transmitted by the secretary of State, to the clerk of the cir-
cuit court of the proper county, whose duty it shall be to give immediate notice to
such sheriff or coroner, of the receipt of his commission.

Sec. 2. Every sheriff or coroner elected as aforesaid, on receiving notice of his
commission, shall, within thirty days thereafter, enter into a bond with the people
of the State of Illinois, with good and sufficient security, to be approved by the
iud<*e of the circuit court of his county, at the term next after the date of such
bond, the sheriff in the penal sum of ten thousand dollars, and the coroner in the
penal sum of two thousand dollars, conditioned for the faithful discharge of all the
duties required or to be required of him by law, as sheriff or coroner, (as the case
may be ;) and shall also, at the time of giving such bond, take and subscribe, be-
fore the clerk of the circuit court, the several oaths required by law ; and an oath*
for the faithful performance of the duties of his office : Provided, That if no cir-
cuit court be held within thirty days after notice of such commission, as aforesaid,
the clerk may approve the bond required aforesaid ; which bond, in that case, shall
be o-ood and valid, until the end of the next succeeding circuit court.

Sec 3. The oaths so taken, and bond given by any sheriff or coroner as afore-
said, shall be riled and recorded by the clerk of the circuit court ; and the taking
and subscribing of the oaths shall be certified by him on the back of the commis-
sion and a certified copy of such bond, under the seal of the court, shall be evi-
dence in all courts in this State.

Sec 4. If any sheriff or coroner, elected as aforesaid, shall neglect or refuse
to enter into bond and take the oaths above required, within the time above speci-
fied or if any bond, approved by the clerk as aforesaid, shall be disapproved by
the judge of the circuit court, and such sheriff or coroner shall not, during the
term of the court, procure such security as the judge shall approve, in all such cases,
the office shall be deemed vacant ; and the clerk shall immediately notify the Gover-
nor of such vacancy ; and it shall be the duly of the Governor to issue a writ of
election, and direct the time of holding the same ; which election shall be proceed-
ed in, as in other cases of election.

SHERIFFS AND CORONERS. 515

Sec. 5. It shall be the duty of every sheriff and coroner, when qualified as
aforesaid, to execute and return all writs, warrants, process, orders and decrees of
every description, that shall or may be legally directed and delivered to him, with-
in the limits of his county, under pain of contempt of the court <'rom which such
writ, warrant, process, order or decree may have issued ; and for the service of
such process, and for keeping the peace, such sheriff or coroner may call to his
aid the power of the county when necessary.

Sec. 6". The several sheriffs and coroners shall be conservators of the peace in
their respective counties, and keep the same, by causing all offenders, on view, to
be committed to prison, and to enter into recognizance to keep the peace, and ap-
pear at the next circuit court, and shall return all such recognizances to the next
circuit court; and it shall also be the duty of all sheriffs and coroners to suppress
all riots, routs, affrays, fightings and all crimes and breaches of the peace, and to do
and perform all such other duties, as are, or may be required of them by law.

Sec 7. It shall be the duty of the sheriff of each county, to attend all circuit
courts, and courts of county commissioners, in his county, at the terms and ses-
sions of such courts ; and he shall have the custody and care of the court house
and jail.

Sec 8. Whenever the office of any sheriff or coroner shall have expired by
the constitutional term of two years, it shall be lawful for the same person, whether
re-elected or not, and his deputy or deputies, to continue to perform all the duties
of sheriff, until his successor shall be commissioned and qualified, as is hereinbe-
fore required. And whenever any sheriff shall go out of office, and his successor
in office shall be qualified as aforesaid, the clerk of the circuit court shall issue a
notice in writing, stating that the sheriff elect has been commissioned and qualified
according to law ; which notice shall be served by the new sheriff, and the former
sheriff shall thereupon transfer and deliver to the new sheriff, all the writs, process
and papers belonging to his office except as is hereinafter excepted ; and also the
possession of the court house and jail of his county ; and shall take from the new
sheriff a receipt, specifying the papers so delivered over, and the prisoners in cus-
tody, if any ; which receipt shall be sufficient indemnity to the person taking the
same.

Sec 9. Every sheriff going out of office, at the expiration of his term, and
having any writ of fieri facias, or fee bill, which he may have levied, but not collec-
ted, or any tax list uncollected, shall be, and is hereby authorized to proceed on and
collect such execution, fee bill or tax list, in the same manner, as if his term of
office had not expired ; and any sheriff who has heretofore, or who may hereafter
pay and advance the taxes assessed against any person, may proceed to collect the
amount of money, so paid and advanced, in the same manner, to his own use, as if
no payment had been made.

Sec 10. It shall be lawful for any sheriff to appoint a deputy or deputies ;
which appointment shall be in writing, filed in the office of the clerk of the circuit
court, and entered of record ; and any deputy when so appointed, and having taken
and subscribed the several oaths required to be taken by the sheriff, shall be and
is hereby authorized to perform any and all of the duties required of the sheriff in
the name of the sheriff; and the sheriff shall be liable for any neglect or omission
of the duties of his office, when occasioned by any such deputy, in the same man-
ner as for his own personal neglect or omission. And any bond or security taken
by any sheriff from his deputy, to indemnify such sheriff, shall be good and available
in law.

516 SHERIFFS AND CORONERS.

Sec. 11. No sheriff, deputy sheriff or coroner shall become the purchaser, nor
procure any other person to become the purchaser for him, of any property, real or
personal, by him exposed to sale by virtue of any execution or other process ; and all
such purchases made by any sheriff or coroner, or by any other person in his behalf,
shall be absolutely null and void.

Sec. 12. No sheriff or deputy sheriff shall be eligible to the office of county
treasurer ; nor shall any county treasurer be permitted to act as deputy sheriff or
collector.

Sec. 13. The clerk of the circuit court in any county in this State, on the ap-
plication of the plaintiff in any judgment on which an execution can properly be is-
sued, and an affidavit being tiled by such plaintiff, his agent or attorney, that the
sheriff has failed to pay over money collected by him on any previous execution in
favor of the same plaintiff, or any other person, on demand made therefor by the
plaintiff in such previous execution, his agent or attorney to issue execution on such
judgment, directed to the coroner of the county; who shall be authorized and required
to perform all duties in relation to said execution, which the sheriff is authorized and
required to perform, where the execution is directed to him.

Sec 14. It shall be the duty of each and every sheriff in this State, to make
a settlement with the county commissioners' court of his county, for the taxes and
moneys by him collected, or due the county, at the June term of such court, annu-
ally; and he shall settle and account with the auditor of public accounts, for all
taxes and public moneys due the State, as required by law. And if any person
shall hereafter be elected sheriff of any county in this State, who has been sheriff
of any county of this State, and who shall, at the time of his election, be in arrear
to the State or county for taxes, or other public money, such person shall not be
commissioned : and where any such former sheriff shall be elected, and shall not,
within thirty days after his election, produce to the Governor a quietus from the
proper officer of his county, and from the auditor of public accounts, for all moneys
or revenue with which he shall be, at the time, chargeable, or a certificate of his
having tendered the amount, the Governor shall order a new election, as in case of
neglect to qualify, or refusal to serve.

Sec 15. If any sheriff or coroner shall neglect or refuse to pay over any money
collected by virtue of any execution, process or fee bill, to any person entitled to
receive the same, or shall wilfully neglect the duty of his office, to the prejudice
or injury of any person or persons, such person or persons may prosecute the bond
of such sheriff or coroner ; and the same proceedings shall be had thereon as in other
cases of bonds for the performance of covenants ; and after judgment had, any person
injured, and who would be entitled to sue on said bond, on application as aforesaid,
may obtain a writ of inquiry of damages on such judgment ; and in every case when
damages shall be assessed, execution shall be issued for the amount of such damages
and costs, and collected for the use of the injured party ; or upon the failure of any
sheriff or coroner after demand made, to pay over any money by him collected, by
virtue of any execution, process or fee bill, to any person entitled to receive the
same, such person may proceed against such sheriff or coroner, in a summary way,
before the circuit court, by motion, upon giving to such officer ten days' notice of
the application, and recover the amount so neglected to be paid, with ten per cent,
damages thereon, for such detention, and shall have execution therefor : Provided,
That in all such cases, if the sheriff shall pay or satisfy the amount claimed by the

SHERIFFS AND CORONERS. 517

p^rty prosecuting, with costs, under the direction of the court, before final judg-
ment, or in any subsequent prosecution before inquest found, all further proceed-
ings on such bond or judgment, shall be stayed by the court.

Sec. 16. If any sheriff shall fail to settle with and pay over to the county com-
missioners' court according to law, any money which he may have collected or re-
ceived, belonging to such county, it shall be lawful for the county commissioners
of such county to proceed against such sheriff, in a summary way, before the cir-
cuit court, by motion, upon giving such sheriff ten days' notice of such application,
and recover the amount due such county, with ten per cent, damages thereon, for
such neglect, and shall have execution therefor ; or may proceed against such sher-
iff and his securities for such delinquency, upon his bond of office.

Sec. 17. If any sheriff shall fail or neglect to settle with the auditor of public
accounts, according to law, and pay over all money due to the State from such sher-
iff, it shall be the duty of the auditor to proceed against such sheriff, by motion,
either in the supreme court or in the circuit court of the county where such sher-
iff shall reside, upon giving to such sheriff, if the motion be made in the supreme
court, twenty days' notice of the application, or ten days' notice, if made in the
circuit court : and recover judgment against such sheriff for the amount he may
owe the State, with ten per cent, damages thereon, and have execution therefor : or
may proceed in either court aforesaid, against such sheriif and his securities, upon
his bond of office.

Sec 18. In case of a vacancy in the office of sheriff, by death, resignation, re-
moval or otherwise, the coroner shall do and perform all the duties pertaining to the
office of sheriff, receive the proper fees and emoluments, and be liable to the same
penalties and proceedings, as if he were sheriff, until such vacancy shall be filled,
by the election and qualification of a new sheriff; and it shall be the duty of the
several coroners in this State, to execute all process within their respective coun-
ties in all cases where just exception can be taken to the sheriff or his deputy or
deputies, or where there is no sheriff; and in all cases, upon affidavit made and filed
with the clerk of any court of record in this State, of the partiality, prejudice, con-
sanguinity, or interest of the sheriff, or of the deputy of the sheriff, of any county
where suit is about to be brought, or shall have been commenced, it shall be the
duty of the clerk to issue and direct original or other process in the suit, to the
coroner, who shall execute the same and attend to the suit throughout, in the same
manner as the sheriff would or ought to have done. And hereafter, the par-
tiality, prejudice, consanguinity or interest of any sheriff, or of any deputy sheriff,
shall not be cause for a change of venue, but the coroner shall perform the duties
as above prescribed ; or if there shall be no coroner, an elisor, to be appointed by
the clerk, shall supply the place of the sheriff, in like manner as the coroner is
hereby required to do.

Sec 19. Every coroner, as soon as, and whenevever he shall be informed or
know of the body of any person being found dead (supposed to have come to his
or her death by violence, casualty' or any undue means,) shall forthwith proceed to
summon a jury of twelve good and lawful men, of the neighborhood wherein said
dead body shall be found lying or being, to repair at such time as he shall direct, to
the place as aforesaid, and to inquire (upon a view of said body,) how and in what
manner, and by whom or what he or she came by his or her death ; and in case
any juror or jurors, so summoned, shall fail, neglect or refuse to attend, the said

518 SHERIFFS AND CORONERS.

coroner shall summon another or others, from among the bystanders, to serve in his
or their place. And every person so summoned as a juror, and failing, neglecting
or refusing to appear at the time and place required, without having a reasonable
excuse for such failure, &c, shall forfeit the sum of two dollars to the county, to
be recovered before any justice of the peace of said county, on the certificate of
the coroner, that he failed, &c, without a reasonable excuse to him made therefor.

Sec. 20. As soon as the said jurors shall have assembled at the place where
the said dead body may be lying or being, the coroner shall designate one of the
number as foreman, and administer to him an oath in the following form, to-wit :
"You, as foreman to this inquest, do solemnly swear" (or affirm, as the ease
may require,) "that you will diligently inquire, and true presentment make, how,
in what manner, and by whom or what, the body which here lies dead, came to its
death ; and that you will deliver to me, the coroner of this county, a true inquest
thereof, according to such evidence as shall be given you, and according to the best
of your knowledge and belief, so help you God." And to the other jurors, one as
follows, to-wit: "The same oath which A. 13., your foreman, has just now taken on
his part, you and each of you do solemnly swear," (or affirm, as the case may
require) "to keep on your respective parts, so help you God." And it shall be
the duty of the jurors, as sworn as aforesaid, to inquire how, in what manner, and
by whom or what, the said body came to its death, and of all other facts of and
concerning the same, together with all material circumstances in anywise related
to, or connected with the said death, and make up and sign a verdict, and deliver
the same to the coroner.

Sec 21. The said coroner shall have power to summon, or cause to be summon-
ed, and compel the attendance of all such witnesses whose testimony may probably
be requisite to the proving of any fact or circumstance relating to the object of such
his inquest, and to administer to such witnesses the proper oath. And if the evidence
of any witness shall implicate any person or persons, as the unlawful slayer of the
person over whom the said inquisition shall be held, the said coroner shall reduce
said evidence to writing, and cause the same to be subscribed by the witness so
giving it; and shall further recognize any such witness in such sum as he may think
proper, to be and appear at the next term of the circuit court for the said county,
there to o-ive evidence of the matter in question, and not depart without leave. And
if any witness shall refuse to enter into such recognizance, it shall be the duty of
the said coroner to commit the witness so refusing to the common jail of the county,
there to remain until the next term of the circuit court: and the coroner shall care-
fully seal up and return to the clerk of the circuit court for the county, the verdict
of the jury, the evidence so taken and subscribed, and the recognizances, &c.j and
it shall be the duty of the clerk to carefully file and preserve the same.

Sec. 22. If, at any inquisition held under the authority of this chapter, any person
or persons shall be implicated with the unlawful slaying, or with the aiding and
assisting in the unlawful slaying of the body in question, it shall be the duty of the
coroner to apprehend and commit, or cause to be apprehended and committed, him,
her or them, to the common jail of the county, there to remain until discharged by
due course of law.

Sec 23. The coroner, as soon as the verdict of the jury shall have been ren-
dered, shall take immediate measures to bury the body which may have been the
object of the inquest; the expense attending the burial to be paid out of the decea-
sed person's estate, if sufficient there be, if not, by the county. And if there shall

SHERIFFS AND CORONERS. 519

be found on or about the said body, any money, papers, goods or other valuable thino-
or things, the said coroner shall, giving ten clays' notice of the time and place, pro-
ceed to sell the same, if goods, and deposit the proceeds of such sale, together with
all papers and money so found, in the county treasury, (taking the treasurer's re-
ceipt therefor) there to remain, subject to the order of the legal representatives of
the said deceased, if claimed any time within five years thereafter ; and should such
money or other thing, not be claimed within the time aforesaid, then the same to vest
in the county : Provided, That nothing herein contained, shall prevent the whole or
any part of said moneys being liable to the payment of the coroner's fees or funeral
expenses : Provided, however, This section shall not extend to any person, except
he shall have been a stranger or a non-resident.

Sec. 24. In case of the absence of the coroner, any magistrate, beino- certified
of any dead bedy, as before mentioned, shall be authorized to perform the duties of
the coroner, as pointed out by this chapter.

Sec. 25. When a sheriff or other officer shall execute a deed for lands or tene-
ments, which he may have sold by virtue of any execution, it shall be his duty to
acknowledge the same before the clerk of the court whence it issued, or in open
court, unless it issued from the supreme court, in which case the acknowledgment
may be made before the clerk of any county commissioners' or circuit court: and
the clerk's certificate of such acknowledgment shall be deemed prima facie evidence
of the execution thereof.

Sec. 26. When any sheriff or other officer shall go out of office, not having
made a deed for any lands or tenements, which he may have sold, by virtue of any
execution, it shall be lawful for him, his successors in office, or if he be dead, for
his successor, his executor or administrator, to make and acknowledge a deed for
the same ; and in no case shall the death of a sheriff take away or suspend the pow-
ers of the deputy sheriff of such sheriff; but such deputy may do all acts and things
which he could have done, had the sheriff remained in full life, until his powers be
superseded by the appointment of a principal sheriff.

Sec 27. If any sheriff, coroner or other officer, shall fail, on demand made by
the complainant, his executors, administrators or lawful attorney, to pay over any
money collected by virtue of any execution, process or fee bill, not exceeding one
hundred dollars, it shall be lawful for the party so aggrieved, or by his lawful
attorney, to commence an action against such sheriff, coroner or other officer, and
his securities, by summons, before any justice of the peace; and if, upon hearing
the case, it shall appear to such justice of the peace, that money has been collected
upon such execution, process or fee bill, and not paid over to the party entitled to the
same, on demand made as aforesaid ; and if it shall appear further, that the defen-
dant or defendants sued with the sheriff or other officer, are his securities, by the
production of the original bond or a certified copy thereof, cf the sheriff, coroner or
other officer, under the hand and seal of the clerk of the county commissioners'
court, the said justice shall proceed to render judgment against said defendants for
the amount so received by said sheriff or other officer, belonging to the plaintiff,
with ten per cent, interest thereon.

Sec 28. And upon rendition of such judgment, execution, when application is
made by the plaintiff, or his or her agent or attorney, shall issue forthwith against
such sheriff or other officer and his securities, as in other cases; subject, however,
to be appealed by either party, under the same rules and regulations as is provided
for in other cases of judgments of justices of the peace.

Approved : March 3, 1845.

CHAPTER C.

SHOWS AND JUGGLEKS.

Section Section

1. No shows to be exhibited, or tricks, &c, per- 2. Justices of the peace to issue capias for offen-

formed, unless free of charge ; until county i der, on the complaint, on oath, of county

commissioners' court grant license; iorfeiture commissioner, treasurer or any citizen of a

for neglecting. county.

Section 1. No person or persons shall be permitted to exhibit any shows, wax
figures, or perform any feats, such as circus riding, or exhibitions, or any thing of
the like nature, or perform any tricks, such as are played by persons generally
known by the name of thimble players, rope and wire dancers, slight of hand, with
cards, or cups and balls, unless the same be shown and performed by such person
or persons without fee, charge or compensation therefor, either directly or indirect-
ly; and if any person or persons shall wish to show, exhibit or perform, as above
stated, and charge therefor, he or they shall previous thereto, apply to the treasurer
of the county, who shall direct what sum shall be paid therefor, not less than live,
nor more than one hundred dollars, for the term of time agreed on, which shall not
exceed two weeks in the county ; and on payment of the sum required, the treasurer
shall give a receipt therefor, which shall be presented to the clerk of the commis-
sioners' court of the county 5 and on payment of fifty cents fee to said clerk, he shall
give a permit to such person, to show, exhibit and perform as aforesaid, for the
time agreed on by the treasurer, and the said clerk shall file said receipt and charge
the treasurer with the sum received into the county treasury : and if any person or
persons shall exhibit any shows, wax figures, circus riding performances, or any
such thing, or perform and play any such tricks as above described, and shall charge
and exact, or in any manner receive compensation therefor, and shall not have ob-
tained a permit so to do, such person or persons shall forfeit and pay, for each and
every such offence, any sum not less than ten, nor more than one hundred dollars,
to be recovered by action of debt before any justice of the peace of the county, in
the name of the county commissioners, or county treasurer, for the use of the coun-
ty, with costs of prosecution.

Sec 2. If complaint be made on oath, in writing, by a county commissioner,
treasurer or any citizen of the county, that any person or persons, (naming them)
are in the county," and to the best of his belief, violating the law, in the particulars
above stated, it shall be the duty of the justice to issue a capias or warrant, and if
affidavit be not made, a summons shall be issued.

Approved: March 3, 1845.

CHAPTER CI.

SLANDER.

Section
1. What words charging another with commission
of crime, deemed slanderous and actionable.

Section
2. Charging person with swearing falsely, whether
in judicial proceeding or not, actionable.

Section 1. If any person shall falsely use, utter or publish words, which in
their common acceptation shall amount to charge any person with having been
guilty of fornication or adultery, such words so spoken shall be deemed actionable,
and he, she or they, so falsely publishing, speaking or uttering the same shall be
deemed guilty of slander.

Sec 2. It shall be deemed slander, and shall be actionable, to charge any per-
son with swearing falsely, or with having sworn falsely, or for using, uttering or
publishing words of, to or concerning any person, which in their common accepta-
tion, amount to such charge, whether tbe words be spoken in conversation of, and
concerning a judicial proceeding, or not.

Approved : March 3, 1845.

CHAPTER CII.

STEAM BOATS.

How boats on rivers of this State, shall be offi-
cered and furnished ; regulations in ascending
and descending.

When boats meet in a narrow place, what to be
done ; in night time, descending boat to keep
main channel.

Duty of masters and officers; rules and regula.
tions for safety of boat.

Responsibility of masters and owners ; causing
death carelessly, deemed manslaughter.

Section

5. Racing forbidden ; liability of owners and offi-

cers, to punishment, and for damages.

6. Landing passengers, regulations respecting.

7. Carrying gunpowder, under what restrictions

and regulations ; penalty.

8. Punishment for putting gunpowder on boats,

without informing officers.

9. Copies of this chapter to be posted up on boats ;

penalty for omitting.

Section 1. It shall be the duty of the owners of steamboats navigating the
Mississippi, Ohio, Wabash, Illinois, and other rivers and lakes within the jurisdic-
tion of this State, to have a competent master, officers and crew on board, and to
have a substantial and sufficient engine, boilers or boiler, and to have the same at
all times in good and safe order and condition, and have the vessel supplied with
all necessary boats, tackle and furniture, and in every respect seaworthy. In as-
cending and descending navigation, said boats shall conform to the following regu-

522 STEAM BOATS.

lations : The descending boat shall keep the shore or bar she may be on. until the
ascending boat passes ; and when both boats are running, the ascending boat shall
keep the middle of the channel, or in the deepest water, and in all cases where it
is practicable, leave room for the descending boat to pass on either side.

Sec. 2. When two boats shall meet in a contracted part of the river, or in any-
narrow or intricate channel, both boats shall stop their engines, or work them
very slow, until they pass each other ; and in the night time, the descending boat
shall not take any of the small chutes, but shall keep the main channel in order to
avoid the ascending boats.

Sec. 3. It shall be the duty of the masters and officers of all steamboats, to keep
their vessels at all times well and steady trimmed, and particularly, in coming to
and departing from shore ; and for that purpose, the passengers and all others on
board the boat, shall strictly obey the directions of the master or officers on watch,
and keep the place and position they may direct, and under such pecuniary penal-
ties as the rules and regulations of the boat in that behalf shall impose ; which rules
and regulations shall be constantly kept up in at least five conspicuous and different
parts of the boat.

Sec 4. The master and owners shall be severally and jointly responsible for
damages which any person may sustain by any neglect or refusal to comply with
the requisitions of the foregoing sections. And moreover, if any loss of life shall
ensue from any such neglect and refusal, the officers on watch, and conducting the
boat for the time being, shall be deemed guilty of the crime of manslaughter, and
upon conviction thereof, shall be punished accordingly.

Sec. 5. It shall not be lawful for steamboats to run races, the one against the
other ; and the owners and officers severally and jointly shall be liable and respon-
sible for all damages which any one may sustain from any accident or casualty
which may happen during said race. And moreover, in case of loss of life or lives
in consequence of said racing, the master of the boat, or person or persons having
the command thereof for the time being, shall be deemed guilty of a high crime and
misdemeanor, and upon conviction thereof shall be liable to imprisonment in the
penitentiary of the State, for any term not exceeding ten years.

Sec 6. In landing passengers from steamboats, the master shall cause the ves-
sel to be brought to shore whenever practicable and convenient, and especially in
cases where females or children are to be landed ; and whenever it is impracticable
or decidedly inconvenient to bring the boat to the shore, they may land the passen-
gers in good, sufficient and comfortable boats, which shall be at all times kept for
that purpose, and managed by a sufficient number of civil, competent and careful
men ; and during the time of disembarking from the steamboat into the small craft,
and of leaving the vessel, the engine shall be stopped and the speed of the vessel
checked. And any neglect or refusal to comply with any of the requirements of
this section, shall subject the owners and master of the boat to the payment of all
damages that may result to any person or persons, from such neglect or refusal ;
and in the event of loss of life thereby, the master or other officer in command of
the boat for the time being shall be deemed to be guilty of a high misdemeanor, and
on conviction thereof, shall be punised as provided for in the foiegoing section.

Sec 7. It shall be the duty of the master and officers of any steamboat carrying
gunpowder as freight, to store the same in the safest part of the vessel, and separate
and apart from articles liable to spontaneous combustion; and where, in discharging
the cargo, it will not be necessary to carry any lighted candle, lamp or flambeau ;

SURVEYORS.

523

and all boats carrying gunpowder as freight, shall have printed cards, stating the
fact, placed in the cabin and in other conspicuous parts of the boat, so as to give
notice to the passengers. And the master and officers, failing to comply with the
provisions of this section, shall forfeit one hundred dollars for every time the same
shall be so neglected, which may be recovered by action of debt, by and for the
use of any person who may sue for the same, before any justice of the peace in this
State ; and shall moreover be liable for all damages which may happen to any per-
son by reason of the failure.

Sec. 8. It shall not be lawful for any person or persons to put or keep any gun-
powder on an}' steamboat without first giving the master or officers notice thereof;
and any person or persons so offending, shall be liable to pay a sum of one hundred
dollars to and for the use of any person who may sue for the same, in an action of
debt before any justice of the peace in this State ; and moreover, the person or per-
sons so offending, shall be liable for all damages which may happen to any person
thereby.

Sec 9. Copies of this chapter shall be printed and put in frames, and kept pub-
licly placed in the cabin and steerage of each steamboat navigating the Mississippi,
Ohio, Wabash, Illinois and other rivers and lakes within the jurisdiction of this
State 5 and a failure to comply with these provisions, shall subject the master and
owners to a penalty of cne hundred dollars for each day the same shall be omitted,
to be recovered in an action of debt before any justice of the peace by and for the
use of any person who may sue for the same.

Approved : March 3, 1845.

CHAPTER CIII.

SURVEYORS.

1. County surveyors, when elected ; term of office.

2. Surveyors to be commissioned.

3. Surveyors to be sworn.

4. Duty of county surveyor.

5. May appoint deputies, who shall be sworn.

6. Chair.man, to be employed and sworn.

7. Surveys, how made; perpetuating surveys; to

Section

furnish proprietor with field notes ; to keep a
record of his surveys; certified copies of such
record, to be jnima facie evidence.
8. Records of surveyors to be delivered to suc-
cessor, penalty for refusal; act or record of
surveyor not to be conclusive, but may be re-
covered.

Section 1. County surveyors shall be elected in the several counties in this
State on the first Monday in August, on the expiration of the terms of those now in
office and every fourth year thereafter. When so elected, they shall continue in
office for the term of four years, and until their successors are elected and qualified.

Sec 2. The election of county surveyors shall in all things be conducted, and
returns thereof made to the office of the secretary of State, as provided by the chap-
ter regulating elections ; and upon such election being made, the Governor shall
commission such county surveyor, to continue in office for four years; which com-

524 SURVEYORS.

mission shall be transmitted by the secretary of State to the clerk of the circuit
court of the proper county ; and it shall be the duty of said clerk to give immediate
notice to such Purveyor of the receipt of his commission.

Sec. 3. Each and every surveyor shall, previous to his entering upon the du-
ties of his office, take an oath that he will in all things, as county surveyor, perform
the duties of his office to the best of his skill and judgment, without favor or affec-
tion; which oath may be administered by any judge, or justice of the peace, in the
county to which such surveyor is appointed, and shall be indorsed on his com-
mission.

Sec. 4. It shall be the duty of the said county surveyor to make all surveys
within the bounds of his county, that he may be called upon to make, either by
himself or deputy, properly authorized by him, and competent to perform the duty,
within a reasonable time after application is made to him.

Sec. 5. Each and every surveyor may appoint one or more deputies to assist
him in the performance of the duties of his office ; each deputy shall take an oath
similar to that previously taken by the surveyor himself, and the surveyor shall be
responsible for the official acts of his deputy.

Sec 6. All chainmen necessary, shall be employed by the person wanting sur-
veying done: They shall be good and disinterested persons, to be approved by
the surveyor, and they shall be sworn by the surveyor to measure justly and ex-
actly, to the best of their knowledge.

Sec 7. It shall be the duty of all county surveyors, previous to their making
any survey, under the authority of this chapter, to furnish themselves with the
field notes of the original survey of the lands which they may be called on to sur-
vey ; and all surveys made by county surveyors, shall be made agreeably to the orig-
inal survey of the land. For the purpose of perpetuating every survey, the sur-
veyor shall be required to establish his corners by taking bearing trees, and noting
particularly their course and distance ; and where there are no trees within a reas-
onable distance, the surveyor shall perpetuate his corners by erecting mounds :
Provided, That in all cases where it shall appear practicable, the surveyor shall
require the person having the survey made, to furnish suitable stones ; and at each
and every corner made and established, a stone shall be permanently placed in the
ground, and in such cases it shall not be necessary to erect mounds; and shall
moreover furnish the proprietor of every tract of land, with a copy of the original
field notes, of every tract of land he may survey. It shall also be the duty of each
county surveyor to provide himself with a well bound book, in which he shall care-
fully and legibly record and note down every survey made by him, giving therein
the name of the person, the survey of whose land is so recorded, and describing as
near as practicable, the metes and bounds of the land, and noting the date on which
the survey was made ; and such record shall be subject to the inspection of every
person who may think himself interested ; and a certified copy thereof, under the
hand of the surveyor, shall be admitted as prima facie evidence in any court of
record in this State.

Sec 8. It shall be the duty of every county surveyor, or other person having
the official record of such surveyor in his possession, to deliver up the said record
to his successor, whenever he may be applied to for that purpose ; and every per-
son who, having possession thereof, will refuse to deliver the same to such succes-
sor, when demanded, shall forfeit and pay one dollar and fifty cents for every day
he may detain it after demand, to be recovered by any person who will sue for the

TRESPASS.

525

same, before any justice of the peace of the proper county, one-half to the use of
the person suing, and the other half to the use of the county. No act or record by
any surveyor or his deputy, as aforesaid, shall be conclusive, but may be reviewed
by any competent tribunal, in any case where the correctness thereof may be
disputed.

Approved : March 3, 1845.

[Amended : — See Appendix, Act No. 7.]

CHAPTER CIV.

TRESPASS.

Section

1 . Penalty for carrying away or injuring trees of a

certain description; all other kinds.

2. Penalties, how recovered; how applied; if,

when suit is instituted before a justice of the
peace, title to land to be set up by defendant,
cause removed to circuit court, and how.
S. If recognizance to prosecute be forfeited, jus-

Section

tice shall enter judgment and issue execution ;
recognizance, when forfeited, to be put in suit.

4. Cutting and injuring timber, under pretence

of lease of school lands, &c, how punished.

5. Penalties, how recovered, and how applied;

duty of overseers of the poor to prosecute ,
&c.

Section 1. Any person who shall cut, fell, box, bore or destroy, or carry away
any black walnut, black, white, yellow or red oak, white wood, poplar, wild cherry,
blue ash, yellow or black locust, chesnut, coffee or sugar tree, or sapling, standing
or growing upon land belonging to any other person or persons, without having
first obtained permission so to do from the owner or owners of such lands, shall
forfeit and pay for such tree or sapling, so cut, felled, boxed, bored or destroyed,
the sum of eight dollars ; and every person who shall cut, fell, box, bore or des-
troy any tree or sapling not herein above named and enumerated, standing or
growing upon land belonging to any other person or persons, without permission as
aforesaid, shall forfeit and pay for every such tree or sapling, so cut, felled, boxed,
bored or destroyed, the sum of three dollars.

Sec. 2. The penalties herein above provided, shall be recoverable, with
costs of suit, either by action of debt, in the name and for the use of the owner or
owners of the land, or by action qui tarn, in the name of any person who will first
sue for and recover the same ; the one-half for the use of the person so suing, and
the other half for the use of the owner or owners of the land : Provided, That if,
in any action that may be instituted by virtue of the provisions herein contained,
before a justice of the peace, the defendant shall set up a title to the land on which
the tree or trees are alleged to have been cut, felled, boxed, bored or destroyed,
and shall forthwith give good and sufficient security to prosecute his claim or title
to the said land to effect, within one year, or to appear and defend an action to be
instituted against him within one year, by virtue of the provisions herein contained,
in any court of record within the State, having cognizance thereof, and in either
case to abide by and satisfy the judgment that may be given in such court; then
the said justice shall proceed no further in the said cause, but shall forthwith dis-
miss the parties ; and it shall be the duty of the said justice thereupon, to tax the

526

TRESPASS.

bill of costs that may have accrued before him ; and so soon as the action shall be re-
newed or instituted for the purpose aforesaid, to transmit the said bill, together with
the recognizance to be taken as aforesaid, to the clerk of the court in which such
action shall be* instituted or renewed ; which costs so taxed and transmitted, shall
be made a part of the judgment to be rendered as aforesaid.

Sec 3. If the said recognizance shall be forfeited for not prosecuting, as
aforesaid, the justice shall proceed to enter judgment against the defendant for the
demand of the plaintiff, which shall be taken to be confessed, and execution shall
thereupon issue against the defendant and his security or securities ; and if the
said recognizance shall be forfeited for not appearing and defending, or not abiding
by and satisfying the judgment that shall be given in the court above, the party
for whose benefit such recognizance was taken, may, by a writ or writs of scire
facias, proceed to judgment and execution thereon.

Sec. 4. If any person or persons shall, under pretence of any lease or other-
wise, cut, fell, box, bore or destroy any black walnut, black, white, yellow or
red oak, white wood, poplar, wild cherry, blue ash, yellow or black locust, ches-
nut, coffee or sugar tree, or sapling, standing or growing upon any lands within
the State, reserved, appropriated or intended for the use and support of schools, or
for the use and support of religion, such person or persons shall forfeit and pay,
for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of
eight dollars ; and if any person or persons shall cut, fell, box, bore or destroy any
other tree or sapling, not herein above named and enumerated, standing or grow-
ing upon any lands within the State, reserved, appropriated, or intended for the
use aforesaid, such person or persons shall forfeit and pay for every such tree or
sapling so cut, felled, boxed, bored or destroyed, the sum of three dollars.

Sec 5. The penalties provided in the preceding section, shall and may be
recovered with costs of suit, either by action of debt, brought by and in the name
or names of the overseer or overseers of the poor of the township in which such
tree or sapling shall have been cut, felled, boxed, bored or destroyed as aforesaid,
for the use of the poor of the county, or by action qui tarn, in the name of any other
person, who will first sue for and recover the same ; the one-half for the person so
suing and recovering, and the other half for the use of the poor of the county in
which such tree or sapling shall have been cut, felled, box, bored or destroyed;
and it shall be the duty of the overseer or overseers of the poor, on complaint made
to him or them, against any person who may have cut, felled, boxed, bored or des-
troyed any tree or sapling, standing or growing upon any lands reserved for the
uses aforesaid, within his or their township, or upon his or their view or knowl-
edge of such trespass, forthwith to institute on action against the trespasser for the
purpose aforesaid, unless an action qui tarn shall have been previously instituted
for the said trespass, in the name of some other person according to the provisions
herein contained ; and the said overseer or overseers, in the settlement of his or
their accounts, shall be allowed a reasonable credit for the trouble and expense of

such prosecution.

Approved : March 3, 1845.

CHAPTER CV.

VENUE.

Section •

1 . Either party may have change of venue ; for

what causes to be granted; application, how
made ; duty of judge.

2 . In case of private property taken for public

uses, when damages are to be assessed, on
appeal, change of venue may be granted;
how applied for and granted.

3. Duty of judge in such cases.

4. Objections to appeal bond, not allowed in cer-

tain cases.
6. Change of venue, when and how obtained in
criminal cases ; duty of officers as to custody
and removal of prisoner.

6. Changes of venue not to be granted after first

term, unless cause arise subsequently ; ten
days' notice required.

7. In civil cases, all plaintiffs or defendants must

join in application ; in criminal cases, one may
apply.

Section

8. Venue may be changed to another circuit.

9. When change is granted in vacation, what pro-

ceedings to be had.
10. If change be granted in term time, what pro-
ceedings to be had j not to be granted until af.
ter indictment found.

Expenses attending change of venue, how paid ;
if not paid, how collected.

When venue changed in criminal cases, witness-
es and others recognized to appear to remain
bound.

If venue in criminal case, be changed in term
time, witnesses to be recognized to appear.

If prisoner be convicted, to be returned to
county from whence the cause came ; costs of
his trial to be paid by such county.

Questions respecting regularity of proceedings,
considered waived after verdict .

11.

12.

13.

li.

'-5.

Section 1. If either party, in any civil cause, in law or equity, which may be de-
pending in any circuit court, shall fear that he will not receive a fair trial in the
court in which the action is pending, on account that the judge is interested or pre-
judiced, or is related to, or shall have been of counsel for either party ; or, that the
adverse party has an undue influence over the minds of the inhabitants of the
county wherein the action is pending ; or, that the inhabitants of such county are
prejudiced against the applicant, so that he can not expect a fair trial, such party
may apply to the court, in term time, or the judge thereof in vacation, by petition,
setting forth the cause of the application, and praying a change of venue, accom-
panied by an affidavit, verifying the facts in the petition stated ; and such court or
judge, reasonable notice of the application having been given to the other party or
his attorney, shall award a change of venue to some county where the causes com-
plained of do not exist ; and in all such cases where the judge is interested or is
related to, or shall have been counsel for either party, the court in term time, may
award a change of venue, as aforesaid, in its discretion, without any application
from either party : Provided, That neither party shall have more than one change
of venue.

Sec. 2. Whenever any appeal shall be depending in any of the circuit courts of
this State, from any assessment of damages for land or other property taken under
the authority of any law of this State, for the use of any rail road, canal, turnpike
or any other highway, or for any purpose whatever, it shall and may be lawful for
the people, or county, or other corporation, or person for whose use such land or
other property is to be taken, or the person conducting the appeal in their behalf or
for the claimant or claimants, or his, her or their agents, or attorney at law, or attor-
ney in fact, to file his, her or their affidavit in writing, stating that he, she or they
verily believe that a fair and impartial trial of said appeal can not be had in the court

528 VENUE.

where the said appeal is depending, on account that either the judge of the court,
or the people of the county, are interested or prejudiced against the cause of the
party on whose behalf said application is made, or in favor of the cause of the other
party, or for or against the parties as aforesaid.

Sec. 3. On filing such affidavit it shall be the duty of the court to change the
venue of said cause to some convenient county, to which objections shall not be
made by similar affidavit. And said appeal shall be docketed and tried in the court
to which the venue thereof is changed, in the same manner as if it had been origin-
ally instituted there.

Sec. 4. If any objection shall be taken to any such appeal on account of any de-
fect in the appeal bond, such objection shall not be sustained: Provided, The ap-
pellant, his, her or their agept or attorney shall enter into, and acknowledge such
bond, with sufficient security as maybe approved by said court.

Sec 5. When any defendant in any indictment or information in any court in
this State shall fear that he will not receive a fair and impartial trial in the court in
which the trial is pending, on account that the judge is prejudiced, or that the minds
of the inhabitants of the county, wherein the trial is pending, are prejudiced against
him, such party may apply to the court in term time, or the judge thereof in vaca-
tion, for a change of venue by petition, setting forth the cause of such application,
verified by affidavit, reasonable previous notice being given to the attorney general,
or circuit attorney, prosecuting for the district, and the court or judge shall award
a change of venue to the next nearest county where the cause complained of do not
exist; and in case the applicant be in custody, or confined in jail, the court or judge
shall make an order to the sheriff to remove the body of such applicant to the com-
mon jail of the county to which the venue is changed, and there deliver him to the
keeper of said jail, together with the warrant by virtue of which he is confined, or
held in custody, not more than three days next before the first day of the term of said
court; and the sheriff shall obey such order accordingly, and shall indorse on such
warrant of commitment, the reason of change of custody, and shall deliver such war-
rant, with the body of the prisoner, to the keeper of the jail of the proper county,
who shall receive the same, and give to the sheriff a receipt therefor, and shall take
charge of, and keep the prisoner, in the same manner as if he had originally been
committed to his custody : Provided, There shall be but one change of venue in any
criminal case.

Sec 6. Changes of venue shall not be granted after the first term of the court at
which the party applying might have been heard, unless the party so applying shall
show that the causes for which the change is asked have arisen, or come to his, her
or their knowledge, subsequent to the term at which the application might have been
made ; and shall also have given to the opposite party ten days' previous notice of
his or their intention to make such application, except in cases where the causes have
arisen or come to the knowledge of the party making the application, within less than
ten days of making the same.

Sec 7. In civil causes, wherein there are two or more plaintiffs or defendants, a
change of venue shall not be granted, unless the application is made by or with the
consent of all the parties, plaintiffs or defendants, as the case may be ; and in crimi-
nal cases, where this application is made by a part of the defendants, and is granted,
a copy of the indictment, and not the original, shall be transmitted to the court to
which the change of venue is ordered; and the copy, certified by the clerk to be cor-
rectly made, shall stand as the original.

VENUE. 529

Sec. 8. In all cases wherein a change of venue may be awarded, for any cause
whatever, the same may be awarded to the next adjoining circuit, if it may suit the
convenience of the parties, as well as to any county in the circuit in which the suit
was instituted.

Sec. 9. When any judge shall award a change of venue in vacation, in any cause,
civil or criminal, he shall immediately transmit to the clerk of the court wherein
the cause is pending, the petition and affidavit, together with an order in writing,
ordering and directing the change of venue ; and such clerk shall tile the same in his
office, and shall make out a copy thereof, and a full transcript of the record and
proceedings in such cause, and shall certify and transmit the same to the proper
court, together with all papers filed in the cause, and appertaining or forming part
of the record, including in criminal cases, the indictment and recognizance of the
party, and all witnesses ; and the clerk of the court to which such cause is certified
shall file the same ; and the cause shall be docketed by such clerk, and shall be pro-
ceeded in and determined by the court, in all things as well before and after judg-
ment as if it had originated therein.

Sec 10. When any change of venue shall be granted in term time, the like pro-
ceedings shall be had, and duties performed by the clerks and sheriffs respectively,
as in the preceding section: Provided, No change of venue shall be granted, in any
criminal case, until after indictment found.

Sec. 11. The expenses attending a change of venue, in a civil case, shall be
taxed by the clerk of the court from which the cause is certified, according to the
rates established by law, for like services, and shall be paid by the petitioner, and
not taken as part of the costs in the suit ; and if the petitioner shall neglect or re-
fuse to pay the same to such clerk within fifteen days after the change of venue is
awarded, such clerk may make out a fee bill against such petitioner and his security
for costs, (if any,) and deliver the same to any sheriff of any county in this State,
who shall levy and collect the amount of such fee bill, and twenty per cent, thereon,
for the use and benefit of such clerk, in the same manner as on executions ; and
such sheriff shall be entitled to like fees as on execution : Provided, That where
the venue is changed without application from either party, the costs of such change
shall abide the event of the suit.

Sec 12. When the venue shall be changed in any criminal case, the parties,
witnesses, and all others who may have entered into recognizances, to attend the
trial of such cause, having notice of the change of venue, shall be, and are hereby
required to attend, at the time and place the trial is to be had, according to such
change, and a failure to do so shall work a forfeiture of the recognizance.

Sec 13. When the venue is changed in term time, in a criminal case, the attor-
ney general or circuit attorney shall have all witnesses on the part of the prosecu-
tion, recognized to appear at the court on the first day thereof when the trial is to
be had.

Sec 14. In all cases where a change of venue shall be ordered in a criminal
case, if the defendant shall be convicted, and imprisonment shall be a part of the
judgment, the sheriff of the county where such conviction shall be had, shall im-
mediately take such prisoner, and convey him to the county where the crime shall
have been committed, and deliver him to the sheriff thereof, and take his receipt
therefor, who shall retain him in custody, according to the judgment of said court ;
and all costs and charges incurred in removing any prisoner as aforesaid, shall be

530

WAREHOUSES.

allowed and paid out of the county treasury, where the crime shall have been com-
mitted, if the defendant be unable to pay the same.

Sec. 15.. All questions concerning the regularity of proceedings in obtaining
changes of venue, and the right of the court to which the change is made to try the
cause and execute the judgment, shall be considered as waived after trial and ver-
dict.

Approved : March 3, 1845.

CHAPTER CVL
WAREHOUSES.

Section

1. If perishable property be left in a warehouse, for
fifteen months, it may be sold at auction, to

Section

pay charges, &c. ; notice of sale, to be given;-
by advertisement.

Section 1. If any person shall leave, in any public or private warehouse in this
State, any property of a perishable nature, or which, if not taken away and sold with-
in fifteen months from the time at which such property was so left, would not, at the
expiration of that time, be worth the charges which should then be due upon such
property, and if the charges upon such property shall not be paid, then and in that
case, it shall be lawful for the occupant or occupants of such warehouse, to sell at
auction to the highest bidder, only so much of such property as will pay the char-
ges due, and the expense of selling and advertising the same, upon giving not less
than three weeks'1 public notice of the time and place of such sale, in two or more
newspapers published in the town where such warehouse may be situated, or the
vicinity thereof.

Approved : March 3, 1845.

CHAPTER CVII.

WARRANTS OF CITIES AND TOWNS

Section

1. Warrant or order to be drawn for only one

amount on one claim.

2. To be drawn if in favor of person to whom due

and no other.

Section

3. Warrants payable only to pa3"ee, or his legal rep-

resentatives.

4. Penalty for violation of this chapter, and how

recovered.

Section 1. In all cases in which any city or town in this State shall be indebted
to any person or persons, on any account whatsoever, a warrant or voucher shall
be drawn on the treasurer of such city or town, for the whole amount found due to
such person, by the tribunal having power to audit and allow claims against such
city or town; and such tribunal shall not, in any case, draw more than one warrant
or voucher for the amount allowed to one individual at one time.

Sec 2. No warrant or voucher drawn on the treasurer of any city or town, shall
be drawn in favor of any other person than the one to whom the same may be due,
and such warrant or voucher may be in the form now prescribed by law.

Sec 3. No treasurer of any city or town in this State, shall pay any warrant
or voucher drawn on him, unless such warrant be presented for payment by the
person in whose favor such warrant is drawn, or his assignee, or executor, or ad-
ministrator.

Sec 4. Any officer or officers of any town or city, that shall be guilty of viola-
ting the provisions of this chapter, shall be deemed guilty of a misdemeanor in
office; and for every such violation, shall be fined, in a sum not exceeding five hun-
dred dollars, to be recovered by indictment.

Approved : March 3, 1845.

CHAPTER CVIII.

WEIGHTS AISTD MEASURES,

Section

1 . One standard of weights and measures ; to con-

form to that established by Congress.

2. Heaped measure, what shall be.

3. Other measure, not heaped.

4. Contracts, &c, to conform to this standard.

5. The hundred weight; the ton.

6. Weight of various grains per bushel.

7. Original standards to be procured by State seal-

er; where deposi'ed; when opened.
•S. Copies to be made for counties.
9. Devices to be impressed on standards.

Section

10. County sealers to compare and seal weights and

measures brought to them.

11. County sealers to compare with State sealer

once in ten years ; penalty for neglecting.

12. Fees of county sealer.

13. Penalty for using weights and measures not con-
foi ming to the standard herein established.

Secretary of State to be State sealer ; clerks of
county commissioners' courts to be county
sealers.

U.

Section 1. There shall be but one standard of measure of length and surface,
one of weight and one measure of capacity, throughout this State, which shall be in
conformity with the standard of measure, length, surface and weight established by
Congress.

Sec. 2. All commodities sold by heaped measure, shall be duly heaped up in
the form of a cone, the outside of the measure, by which the same shall be meas-
ured to the extremity of the base of such cone, and such cone to be as high as the
articles to be measured will admit.

Sec. 3. The measures used for measuring dry commodities not heaped, shall
be stricken with a straight stick or roller, and of the same diameter from end to
end.

Sec 4. Contracts hereafter to be executed, made within this State, for any work
to be done, or for any thing to be sold, delivered, done or agreed for by weight or
measure? shall be taken and construed to be made according to the standard weight
and measure thus ascertained.

Sec 5. The hundred weight shall consist of one hundred pounds, and twenty
such hundreds shall constitute a ton.

Sec 6. Whenever wheat, rye, Indian corn, barley, buckwheat or oats shall be
sold by the bushel, and no special agreement as to the weight or measurement shall
be made by the parties, the bushel shall consist of sixty pounds for wheat, of fifty -
four pounds of rye, of fifty-two pounds of Indian corn, of forty-four pounds of
barley, of forty pounds of buckwheat, and thirty-two pounds of oats.

Sec 7. The following original standards, made in conformity to the provisions
of this chapter, to-wit : A yard, a pound, a liquid gallon, and a half bushel, shall be
procured by the State sealer of weights and measures, and deposited in a chest in
his office, which shall only be opened for the sole purpose of comparing such stand-
ards with the copies hereinafter described, unless by a joint resolution of the two
houses of the legislature, or on the call of either house for information, or by the
order of the Governor for scientific purposes.

Sec 8. Copies of the said original standards, to be made of such materials as
the State sealer shall direct, shall be deposited by him in the offices of the county

WEIGHTS AND MEASURES. 533

sealers of the respective counties of this State, at the expense of said counties,
who shall severally be responsible for the preservation of the copies respectively
delivered to them.

Sec. 9. The State sealer shall cause to be impressed on each of the copies of
such original standards, the letter "I," and such other additional device as he shall
direct, for the particular county; which device shall be recorded in the State sealer's
office, and a copy thereof delivered to the respective county sealers.

Sec. 10. The several county sealers shall compare all weights and measures
which shall be brought to them for that purpose, with the above mentioned copies
of such standards in their possession ; and when the same are found or made to
conform to the legal standards, the officer comparing them shall seal and mark such
weights and measures.

Sec. 11. It shall be the duty of the county sealers of weights and measures, to
compare the copies in their possession once in every ten years, with those existing
in the office of the State sealer ; and every county sealer who neglects to have the
copies in their possession compared as aforesaid, shall pay into the county treasury
fifty dollars for county purposes : whenever any county sealer fails for one month
to pay the aforesaid penalty, it shall be the duty of the county commissioners' court,
to commence suit therefor in their own name, before any justice of the peace of the
county, and when collected, the same shall be paid into the county treasury for the
uses aforesaid.

Sec. 12. Each county sealer shall be entitled to receive for his services, at and
after the following rates : For sealing and marking every beam, six and a quarter
cents; for sealing and marking measures of extension, at the rate of six and a quar-
ter cents per yard; not to exceed twenty-five cents for any one measure; for sealing
and marking every weight, two cents; for sealing and marking liquid and dry meas-
ures, if the same be of the capacity of a gallon or more, six and a quarter cents ; of
less than a gallon, two cents : they shall also be entitled to a reasonable compensa-
tion for making such weights and measures conform to the standard established bv
this chapter.

Sec 13. If any person or persons shall hereafter use any weights, measures
or beams, in weighing or measuring, which shall not be conformable to the stand-
ards of this State, established by this chapter, whereby any purchaser of any com-
modity or article of trade or traffic shall be injured or defrauded, such purchaser
may maintain an action on the case against the offender ; and if judgment shall be
rendered for the plaintiff, he shall recover five times the damages with costs of suit.

Sec 14. The secretary of State' shall be, ex officio, State sealer of weights and
measures, and the clerks of the county commissioners' court shall be county seal-
ers of weights and measures for their several counties.

Approved: March 3, 1845.

CHAPTER CDL

WILLS.

SECTION

1. Who capable of making will, devising estate,

real and personal.

2. Wills, testaments and codicils to be in writing;

how signed ; how witnessed; how proved be-
fore probate court; fraud, compulsion, &c,
when to invalidate will ; when satisfactorily
proved, will to be recorded ; its effect.

3. Duty of witnesses to appear before court of pro-

bate and prove will ; punishment for refusal.

4. How testimony of non-resident witnesses ta-

ken.

5. If probate justice be a witness, will may be

proved before circuit court ; clerk of court to
certify will to probate court ; effect of will
thus proved.

6. When will is presented, to be proved and fet-

ters testamentary granted without delay ; will
may be contested within five years ; proceed-
ings in such cases.

7. When subscribing witness be dead, how will

may be proved.

8. Wills proved and properly authenticated out of

this State, to be recorded and of force in this
State.

9. Nuncupative will, how proved; to be commit-

ted to writing ; its effect ; fraud and compul-
sion may invalidate will; to be recorded;
letters testamentary not to be granted until af-
ter sixty days.

10. Incase of nuncupative will, heirs, &c, to be

notified to appear and make objection; if none
be made, letters to be granted.

11. If devisee be subscribing witness, will to be

void as to him, unless otherwise proved ;
rights of such witness, how preserved.

12. Debtor not discharged from liability by being

chosen executor.

13. Children born subsequent to execution of will,

how provided for.

14. Estate, how disposed of, if devisee die, and the

will contain no provision for such contingen-
cy-

15. How will may be revoked or cancelled.

16. Wills to be recorded ; authenticated copies to be

evidence.

17. In what county will shall be proved.

18. Person having will, to deliver same to court of

probate on death of testator; how compelled

to do so, or punished for refusing ; destroying

or secreting will, punished as larceny.
13. Executors, when entitled to fetters testamentary;

on their failure to act, letters of administration

to be granted.
20. Duty of executors ; on appointment to have

will recorded ; may refuse to act ; penalty for

neglect to act, without just excuse; penalty,

how recovered.
- 1 . If executor refuse to administer, who shall be

appointed administrator.
--. Executor of executor not to be executor of first

testator.

Section

23. Person aged seventeen years may be executor,

but must have guardian until of age.

24. Power of executor over estate, before probate

of the will ; his liability in such case.

25. One of two executors dying, the other to act.

26. Oath to be taken by executor or administrator ;

form of, by whom administered.

27. Bond to be given by executors ; form of; exe-

cution of.

28. When bond may be dispensed with; when re-

quired.

29. If person appointed executor be under proper

age, or be otherwise incompetent to act, ad-
ministrator to be appointed; when husband
may act for wife ; fact of incompetency, how
tried.

30. When, by division of county, administrator is

thrown into new county, how to proceed.

31. Letters of administration, obtained by fraud,

may be revoked.

32. Probate court to try issue if fraud in such case.

33. On such revocation, letters to be granted anew.

34. On resignation of administrator, another to be

appointed ; resignation not to affect release.

35. In case of contest or delay, in procuring probate

of will, court may appoint administrator for
the time during which such contest or delay
exists.

36. Form of letters granted to such person.

37. Form of bond to be given.

38. Form of oath to be taken.

39. Duty of person so appointed; his compensation.

40. Power to collect debts, &c. ; suits brought, &c.

41. On appointment of administrator, person ap-

pointed yro tern., to deliver assets to such ad-
ministrator; penalty for refusal; how sued for
and recovered.

42. Estate not bequeathed, how distributed.

43. Creditor may, in certain fcases attest will.

44. If, by renunciation of benefits of will by the

widow, legacies be diminished, how loss ap-
portioned.

45. If widow commit waste, how liable ; second

husband liable therefor.

46. What deemed intestate estate ; how such estate

disposed of; rights of heirs ; rights of wid-
ow; of collaterals, &c.

47. Estate of wife, when one-half to go to husband.

48. Separate property to be retained by widow, free

from debts ; how set apart to her.

49. Widow may relinquish specific articles and take

others, or money in lieu of them.

50. Bight of widow to separate property not affec-

ted by her renouncing, or failing to renounce
benefits of will.

51. Persons, having received advancement out of

estate, may return the same and receive same
benefits of will, as other distributees.

52. Intermarriage of parents to legitimate children;

and entitle them to share in estate.

53. Illegitimate children to inherit estate of mother.

WILLS.

535

Section

54. Posthumous children to share in estate of pa-
rent.

■65. Husband to administer upon estate of wife;
wife upon estate of husband ; when next of
kin, creditors, indifferent person or public ad-
ministrator ; proof of death of intestate to be
made.

56. Public administrators, how appointed.

57. When administration to be granted to the pub-

lic administrator.

58. Further powers and duties of public administra-

tor.

59. Oath of public administrator.

60. Bond required of public administrator ; on neg-

lect, his office vacated.

61. If, after letters are granted to public adminis-

trator, other persons be found entitled thereto,
first letters to be revoked and new granted ;
when application therefor to be made ; com-
pensation of public administrator.

62. Balance remaining in the hands of public admin-

istrator after payment of debts, how disposed
of.

63. Public administrator may, in first instance, pro-

tect property of intestate, until letters to pro-
per person can be perfected.

64. When person, other than kin or creditors apply

for letters, how to proceed.

65. Form of letters to executors.

66. Form of letters to administrators.

67. Oath of administrators, form of.
6S. Bond, form of; how to be executed.

69. Bonds, how prosecuted ; effect of recovery;

costs in suits thereon; certified copies of bonds
to be evidence.

70. Administrator of executor or administrator, his

rights and duties.

71. Lstters of administration to be revoked, if will

be produced.

72. If such will be afterwaids set aside, letters tie

bonis non granted.

73. If persons having received letters become in-

competent, letters to be revoked, and others
granted ; such revocation to be recorded.

74. Executor or administrator residing or removing

out of State, or neglecting to render accounts,
&c, to be removed, and others appointed.

75. IT the office of one of several executors or ad-

ministrators become vacant, maybe filled, &.c;
if office of all is vacated, how filled ; liability
of one whose letters are revoked ; actions
may be maintained by successor.

76. Construction of words and phrases.

77. False pleading not to make administrator or ex-

ecutor liable beyond value of assets.

78. Court of probate may demand additional secu-

rity; on refusal, may revoke letters; effect
thereof.

79. Securities apprehensive of loss, by acts of prin-

cipal, how relieved.

80. Condition of new bond.

SI. Inventory to be made and filed in probate court;
what facts it shall contain.

82. Warrant of appraisement to be granted; form

thereof; fee of probate justice therefor; va-
cancy, how filled.

83. Oath of appraisers; their duties.

84. Appraisement bill to be certified, and filed in of-

fice of probate justice.
So. Inventories, bills of appraisement, and copies
thereof to be prima facie evidence.

86. New assets found, to be inventoried, appraised,

and return thereof made.

87. Appraisers' fees.

83. If estate be found solvent, widow may elect
her share of estate ; duty of executor or ad-
ministrator to set apart to her, her share ; pen-

Section

alty for neglect or refusal to do so ; how sued
for and recovered.

89. Inventories, &.c.,to be successively made ; what

facts to be reported to probate court from time
to time.

90. Persons having effects belonging to estate, and

concealing the same, how compelled to account
for and surrender the same.

91. Books of deceased person subject to inspection.

92. Executors and administrators chargeable with

estate received.

93. Sales of real estate, when directed in will, how

made, and when valid.

94. Property of deceased not to be removed out of

this State ; if done, letters to be i evoked, and
suit brought on bond; verdict of jury; meas-
ure of damages.

95. Time to be fixed for adjusting accounts ; notice

to be given to creditors ; how given ; credit-
ors not presenting claims, their rights; costs,
when estates answerable for ; execution to
be stayed one year.

96. Sale of assets ; notice thereof; terms of sale;

when estate not to be sold, but distributed in
kind.

97. Crops may be disposed of; when to be sold ,

&c. ; avails thereof to be assets.

98. Clerk and crier at sale; their compensation;

liours of sale ; when sale void.

99. Sale bill to be returned to probate court, after

sale of effects ; to be certified by clerk and
crier.

100. Claims not due, may be presented and allowed,

after deducting rebate of interest.

101. Suit not to be brought against executor until tho

expiration of one year ; exception ; costs,
when not to be recovered.

102. Suit not to be brought after one year subse-

quent to final settlement of accounts.

103. When personal estate is found insufficient to

pay debts ; executor or administrator may pe-
tition circuit court, for leave to sell real es-
tate ; notice of such petition to be given ;
what statements to be filed with petition.

104. Court to hear petition and examine proof, &c,

of parties interested ; may, if proper, order sale
of real estate ; property divided and sold, in
what manner ; overplus, how disposed of.

105. Who shall make sale and execute conveyance;

what conveyance shall set forth ; its effect.

106. Sale to be at public vendue ; hour of sale ; place

of sale ; notice of sale, how given ; penalty for
selling contrary to law ; sale to be valid not-
withstanding informality ; credit may be given ;
security to be taken.

107. Guardian ad litem to be appointed for infant

heirs or devisees.

108. Real estate not to be sold until personal estate

is applied in payment of debts.

109. Appeals allowed; when to be taken.

110. Assets, arising from the sale of real estate to be

applied in payment of debts.

111. Certificates of United States' iands, bought, but

not paid for, may be sofd ; avails, how applied.

112. When such fands may be patented.

113. General provisions as to United States' lands

patented, but not paid for.

114. When estate is insolvent, entry thereof to be

made; suits afterwards brought against estate,
to be at cost of creditor suing ; when real es-
tate is requited to be sold, suit not to be
brought, until avails are received ; probate
court may coerce application to circuit court
for safe of real estate.

115. Classification of demands against estate; to be

paid in their order ; debts not exhibited in two
years, barred, except other assets be found

536

WILLS.

Section

rights of incompetent persons, saved until
they become competent.

116. Manner of exhibiting claims.

117. If party suing estate, be found indebted, judg-

ment to be given against him, and execution
awarded.

118. Claimants to give ten days' notice of presentation

of claims; judgments, and notes of hand, how
proved.

119. In what cases oath of claimants allowed; court

may require oath, &c.

120. Debts, when allowed, in what orderpaid.

121. Claims of executors and administrators, how

adjusted and allowed.

122. Court to list and class demands; claim paid be-

fore it is allowed, to be proved.

123. Administrators and executors, how often to ex-

hibit accounts for settlement.
12-1. On each settlement, court to ascertain amount of
debts and assets ; assets to be paid out pro
rata; subsequent payments.
When personal estate is insufficient, abstract of
debts and assets to be made out and presented
to the circuit court for order to sell real estate;
avails to be applied in payment of debts.
Executor or administrator, how punished for not
paying over money; suit on bond; what con-
sidered a breach.

127. Legacies, when may be paid.

1 28. Heir, to be charged with money received by him.

129. Distributees to give bond to refund, if debts sub-

sequently appeal" against estate.

131.

132.

125.

126.

Section

130. If it be necessary for distributees to refund, ap-
portionment to be made among them by court
of probate ; and in case of refusal to refund,
for sixty days, suit may be brought on bond ;
or, if there be no bond, in an action of debt.
In what case executors may have suit against
each other; when executor be residuary lega-
tee, Iris remedy ; other legatees ; order of pay-
ment, to be made before suit.
Actions of trover, detinue and replevin may sur-
vive for and against executors and administra-
tors.

133. Executor or administrator of deceased mortga-

gee, on receiving payment, may discharge mort-
gage.

134. Executors or guardians, may mortgage estate ;

for what time.

135. Lands not to be mortgaged, until permission of

probate court is had; avails, how applied; bond
to be given.

136. Compensation of executors and administrators.

137. Suit on bond, may be brought against them for

breach thereof.
13S. Appeals allowed to circuit and supreme courts.

139. Power of probate court to enforce its orders,

S:c. ; may attach, fine and imprison.

140. Duty of sheriff to attend court when required,

execute writs, keep order ; fees, how allowed
and taxed.
Executors and administrators, heretofore ap-
pointed, to be bound by provisions of this
chapter.

141.

Section 1. Every person aged twenty-one years, if a male, or eighteen years, if
afemale,or upwards, and not married, being of sound mind and memory, shall have
power to devise all the estate, right, title and interest, in possession, reversion or
remainder, which he or she hath, or at the time of his or her death shall have, of,
in and to any lands, tenements, hereditaments, annuities or rents, charged upon or
issuing out of them ; or goods and chattels, and personal estate of every descrip-
tion whatsoever, by will or testament: All persons of the age of seventeen years,
and of sound mind and memory, married women excepted, shall have power to dis-
pose of their personal estate, by will or testament : and married women shall have
power to dispose of their separate estate, both real and personal, by will or testa-
ment, in the same manner as other persons.

Sec. 2. All wills, testaments and codicils, by which any lands, tenements, he-
reditaments, annuities, rents or goods and chattels are devised, shall be reduced to
writing, and signed by the testator or testatrix ; or by some person in his or her
presence, and by his or her direction ; and attested in the presence of the testator
or testatrix, by two or more credible witnesses ; two of whom declaring on oath or
affirmation, before the court of probate for the proper county, that they were pres-
ent and saw the testator or testatrix sign said will, testament or codicil, in their
presence ; or acknowledged the same to be his or her act and deed ; and that they
believed the testator or testatrix to be of sound mind and memory, at the time of
signing or acknowledging the same, shall be sufficient proof of the execution of said
will, testament or codicil, to admit the same to record: Provided, That no proof of
fraud, compulsion or other improper conduct be exhibited, which in the opinion of
the court of probate, shall be deemed sufficient to invalidate or destroy the same ;
and every will, testament or codicil, when thus proven to the satisfaction of the
court of probate, shall be recorded by the justice thereof, in a book to be provided
by him for that purpose, and shall be good and available in law for the granting,

WILLS. 537

conveying and assuring the lands, tenements and hereditaments, annuities, rents,
goods and chattels therein and thereby given, granted and bequeathed.

Sec. 3. It shall be the duty of each and every witness to any will, testament or
codicil, made and executed in this State as aforesaid, to be and appear before the
court of probate on the regular day for the probate of such will, testament or codi-
cil, to testify of and concerning the execution and validity of the same ; and the
said court of probate shall have power and authority to attach and punish, by fine
and imprisonment, or either, any witness who shall, without a reasonable excuse,
fail to appear when duly summoned for the purpose aforesaid : Provided, The said
punishment by imprisonment shall in no case exceed the space of twenty days ; nor
shall a greater fine be assessed for any such default, than the sum of fifty dollars.

Sec. 4. When any will, testament or codicil shall be produced to the court of
probate, for probate of the same, and any witness attesting such will, testament or
codicil, shall reside without the limits of this State, it shall be lawful for the pro-
bate justice to issue a dedimxis poiestcitem, or commission, annexed to such will,
testament or codicil, directed to some judge, justice of the peace, mayor or other
chief magistrate of the city, town, corporation or county where such witness may
be found, authorizing the taking and certifying of his or her attestation in due form
of law. And if the person to whom any such commission shall be directed, shall
certify, in the manner that such acts are usually authenticated, that the witness per-
sonally appeared before him, and made oath or affirmation that the testator or tes-
tatrix signed and published the writing annexed to such commission, as his or her
last will and testament ; or that some other person signed it by his or her direc-
tion ; that he or she was of sound mind and memory ; and that he or she subscri-
bed his or her name as a witness thereto, in the presence of the testator or testa-
trix, and at his or her request ; such oath or affirmation shall have the same opera-
tion, and the will shall be admitted to probate in like manner, as if such oath or
affirmation had been made in the court of probate from whence such commission
issued.

Sec 5. In all cases, wherein a probate justice of the peace, or such other
person as may be authorized by law to grant probate of wills and testaments, may
and shall have become a witness to any will or testament which is required by law
to be proved before him as such probate justice of the peace, or person authorized
to grant probate as aforesaid, and the testimony of such witness is necessary to the
proof of the same, then, and in such case, it shall be his duty to go before the cir-
cuit court of the county in which such will is to be admitted to record, and make
proof of the execution of the same, in the same manner that probate of wills is
required- to be made in other cases. And it shall be the duty of the clerk of the
circuit court aforesaid, forthwith to certify such will, proven as aforesaid, to the
probate court of the county ; and said will shall, thereupon, have the same force
and effect that it would have had if it had been proven by one credible witness be-
fore the court of probate ; and if there are other witnesses to said will, the court
of probate shall take their evidence in support of said will, as in other cases.

Sec. 6. When any will, testament or codicil shall be exhibited in the court of
probate, for probate thereof as aforesaid, it shall be the duty of the court to receive
probate of the same without delay, and to grant letters testamentary thereon to the
person or persons entitled ; and to do all other needful acts, to enable the parties
concerned to make settlement of the estate at as early a day as shall be consistent
with the rights of the respective persons interested therein : Provided, however,

538

WILLS.

\

That if any person interested shall, within five years after the probate of any such
will, testament or codicil in the court of probate as aforesaid, appear, and, by his
or her bill in chancery, contest the validity of the same, an issue at law shall be
made up, whether the writing produced, be the will of the testator or testatrix or
not ; which shall be tried by a jury in the circuit court of the county wherein
such will, testament or codicil shall have been proven and recorded as aforesaid, ac-
cording to the practice in courts of chancery in similar cases ; but if no such per-
son shall appear within the time aforesaid, the probate as aforesaid, shall be for-
ever binding and conclusive on all the parties concerned, saving to infants, femes
covert, persons absent from the State or non compos mentis, the like period after
the removal of their respective disabilities. And in all such trials by jury as
aforesaid, the certificate of the oath of the witnesses at the time of the first pro-
bate, shall be admitted as evidence, and to have such weight as the jury shall think
it may deserve.

Sec 7. In all cases where any one or more of the witnesses to any will, tes-
tament or codicil as aforesaid, shall die or remove to some distant country, unknown
to the parties concerned, so that his or her testimony can not be procured, it shall be
lawful for the probate justice, or other court having jurisdiction of the subject
matter, to admit proof of the hand writing of any such deceased or absent witness
as aforesaid, and such other secondary evidence as is admissible in courts of justice
to establish written contracts generally, in similar cases; and may thereupon pro-
ceed to record the same, as though such will, testament or codicil had been proved
by such subscribing witness or witnesses, in his, her or their proper persons.

Sec. 8. All wills, testaments and codicils, or authenticated copies thereof, pro-
ven according to the laws of any of the United States, or the territories thereof, or
of any country out of the limits of the United States, and touching or concerning
estates within this State, accompanied with a certificate of the proper officer or
officers, that said will, testament, codicil or copy thereof, was duly executed and
proved, agreeably to the laws and usages of that State or country in which the
same was executed, shall be recorded as aforesaid, and shall be good and available
in law, in like manner as wills made and executed in this State.

Sec 9. A nuncupative will shall be good and available in law for the convey-
ance of personal property thereby bequeathed, if committed to writing within
twenty days, and proven before the court of probate, by two or more credible, dis-
interested witnesses, who were present at the speaking and publishing thereof,
who shall declare on oath or affirmation, that they were present and heard the tes-
tator pronounce the said words, and that they believed him to be of sound mind and
memory ; and that he or she did at the same time, desire the persons present, or
some of them, to bear witness that such was his or her will, or words to that effect;
and that such will was made in the time of the last sickness of the testator or tes-
tatrix ; and it being also proven by two disinterested witnesses, other than those
hereinbefore mentioned, that the said will was committed to writing within ten days
after the death of the testator or testatrix ; and no proof of fraud, compulsion or
other improper conduct be exhibited, which, in the opinion of said court, shall be
sufficient to invalidate or destroy the same ; and all such wills, when proven and
authenticated as aforesaid, shall be recorded by the probate justice in like manner
as other wills are directed to be recorded by this chapter : Provided, That no let-
ters testamentary shall be granted on such will, until the expiration of sixty days
after the death of the testator or testatrix.

WILLS. 539

Sec. 10. In all cases where a nuncupative will shall be proved and recorded as
aforesaid, the court of probate shall issue a citation to the heirs and legal represen-
tatives of the testator or testatrix, if they reside in the county ; if not, then said
court shall cause an advertisement to be inserted in some one of the newspapers
printed in this State, notifying the said heirs and legal representatives of the tes-
tator or testatrix, at what time and place letters testamentary will be granted upon
such will, requiring them and each of them to appear and show cause, if any they
have, why such letters testamentary should not be granted ; and if no sufficient cause
be shown, letters shall be granted thereon as in other cases.

Sec 11. If any beneficial devise, legacy or interest shall be made or given, in
any will, testament or codicil, to any person subscribing such will, testament or
codicil, as a witness to the execution thereof, such devise, legacy or interest shall,
as to such subscribing witness, and all persons claiming under him, be null and
void, unless such will, testament or codicil be otherwise duly attested by a suffi-
cient number of witnesses exclusive of such person, according to this chapter ; and
he or she shall be compellable to appear and give testimony on the residue of such
will, testament or codicil, in like manner as if no such devise or bequest had been
made. But if such witness would have been entitled to any share of the testator's
estate, in case the will, testament or codicil was not established, then so much of
such share shall be saved to such witness, as shall not exceed the value of the
said devise or bequest made to him or her as aforesaid.

Sec. 12. In no case hereafter, within this State, where any testator or testatrix
shall, by his or her will, appoint his or her debtor to be his or her executor or ex-
ecutrix, shall such appointment operate as a release or extinguishment of any debt
due from such executor or executrix, to such testator or testatrix ; unless the tes-
tator or testatrix shall, in such will, expressly declare his or her intention to de-
vise, bequeath or release such debt ; nor even in that case, unless the estate of such
testator or testatrix is sufficient to discharge the whole of his or her just debts,
over and above the debt due from such executor or executrix.

Sec 13. If, after making a last will and testament, a child or children shall be
born to any testator or testatrix, and no provision be made in such will for such
child or children, the will shall not, on that account, be revoked; but unless it shall
appear by such will, that it was the intention of the testator or testatrix, to disinherit
such child or children, the devises and legacies by such will granted and given,
shall be abated in equal proportions, to raise a portion for such child or children,
equal to that which such child or children would have been entitled to receive out of
the estate of such testator or testatrix, if he or she had died intestate.

Sec 14. Whenever a devisee or legatee, in any last will and testament, being
a child or grandchild of the testator or testatrix, shall die before such testator
or testatrix, and no provision shall be made for such contingency, the issue, if any
there be, of such devisee or legatee, shall take the estate devised or bequeathed,
as the devisee or legatee would have done, had he or she survived the testator or
testatrix ; and if there be no such issue at the time of the death of such testator
or testatrix, the estate disposed of by such devise or legacy, shall be considered and
treated in all respects as intestate estate.

Sec 15. No will, testament or codicil shall be revoked, otherwise than by
burning, cancelling, tearing or obliterating the same, by the testator himself, or in
his presence, by his direction and consent, or by some other will, testament or co-
dicil in writing, declaring the same, signed by the testator or testatrix, in the pre-

540 WILLS.

sence of two or more witnesses, and by them attested in his or her presence ; and
no words spoken shall revoke or annul any will, testament or codicil in writing, ex-
ecuted as aforesaid, in due form of law.

Sec. 16. All original wills, after probate thereof, shall be recorded, and remain
in the office of the probate justice of the proper county ; and authenticated copies
thereof, certified under the hand and seal of said probate justice, shall be admitted
as evidence in any court of law or equity in this State.

Sec. 17. If any testator or testatrix shall have a mansion house or known place
of residence, his or her will shall be proved in the court of probate of the county
wherein such mansion house or place of residence shall be. If he or she has no
place of residence, and lands be devised in his or her will, it shall be proved in the
court of probate of the county wherein the lands lie, or in one of them, Avhere there
shall be land in several different counties ; and if he or she have no such known
place of residence, and there be no lands devised in such will, the same may be
proved either in the county where the testator or testatrix shall have died, or that
wherein his or her estate, or the greater part thereof, shall lie.

Sec 18. Any person or persons who may have in his or her possession, any
last will or testament of another for safe keeping or otherwise, shall, immediately
upon the death of the testator or testatrix, deliver up the said will to the court of
probate of the proper county ; and upon a failure or refusal so to do, the court of
probate may issue attachment, and compel the production of the same; and the per-
son or persons thus withholding any such will, testament or codicil, as aforesaid,
shall forfeit and pay twenty dollars per month, from the time the same shall be thus
wrongfully withheld, to be recovered by action of debt for the use of the estate, by
any person who will sue for the same, in any court having jurisdiction thereof: and
if any person to whom a will, testament or codicil hath been, or shall be delivered
by the party making it, for safe custody as aforesaid, shall alter or destroy the same
without the direction of the said party, or shall wilfully secrete it for the space of six
months after the death of the testator or testatrix shall be known to him or her, the
person so offending shall, on conviction thereof, be sentenced to such punishment as
is, or shall be inflicted by law, in cases of larceny.

Sec 19. All persons named as executors in any will, testament or codicil as
aforesaid, shall, after the same shall be proved and admitted to record, as before di-
rected, be entitled to letters testamentary thereon ; and where there shall be no exe-
cutors named in such will, testament or codicil, or the executor named therein shall
die, refuse to act or be otherwise discpualified, letters of administration, with the will
annexed, shall be granted to such person or persons as may be entitled thereto. In
all which cases copies of such wills, testaments or codicils shall go out with the
letters.

Sec 20. It shall be the duty of the executor or executors of the last will and
testament of any person deceased, knowing of his, her or their being so named or
appointed, within thirty days next after the decease of the testator or testatrix, to
cause such will to be proved and recorded in the proper county as aforesaid ; or to
present said will and declare his or her refusal to accept of the executorship : and
every such executor or executrix, so neglecting his trust and duty as aforesaid,
without just excuse for such delay, to the satisfaction of the judge of probate, shall
forfeit the sum of twenty dollars per month, from and after the expiration of the said
term of thirty days, until he shall cause probate of said will to be made, or pre-
sent the same as aforesaid; to be recovered by action of debt, for the use of the es-

WILLS. 541

tate, by any person who will sue for the same in any court having jurisdiction
thereof.

Sec. 21. Upon the refusal of the executor or executors to administer the estate,
or upon qualification as aforesaid, the court of probate shall commit the administra-
tion of the estate.of the deceased, with a copy of the will annexed, unto the widow
or next of kin to the deceased; and upon their refusal, neglect or incapacity to act,
may grant such administration to one or more of the principal creditors ; and on
their refusal, to such other person or persons as the court shall think lit.

Sec 22. The executor of an executor shall not, in consequence thereof, be
executor of the first testator.

Sec 23. Persons of the age of seventeen years, of sound mind and memory,
may be appointed executors ; but should any person under the age of twenty-one
years, be appointed executor or executrix, the court of probate shall appoint some
competent person to manage and control the estate, under the direction of the court,
until such executor or executrix appointed by the will, shall attain the full age of
twenty-one years ; and all such persons appointed to take charge of the estate du-
ring the minority of any such executor or executrix shall, for the time being, give
bond with security as in other cases.

Sec 24. The power of the executor or executors over the testator's estate,
before probate of the will and obtaining letters testamentary, shall extend to the
burial of the deceased, the payment of necessary funeral charges, and the taking
care of the estate; but in all such cases, if the will shall be rejected when presen-
ted for probate, and such executor thereby never qualify, he shall in nowise be lia-
ble as an executor, of his own wrong, unless upon refusal to deliver up the estate to
the person or persons authorized to receive the same: Provided, That this section
shall not be construed to exempt any such person claiming to be executor as afore-
said, for any waste or misapplication of such estate.

Sec 25. Where two or more executors are appointed in and by the same will,
and one or more of the persons named as such, shall die, refuse to take upon himself
or herself such executorship, or be otherwise disqualified, letters testamentary shall
be granted thereon to the other person or persons so named, not renouncing as
aforesaid, and not disqualified.

Sec 26. Every executor or administrator with the will annexed, at the time of
proving the will and granting letters testamentary, or of administration as aforesaid,
shall take and subscribe before the court of probate, the following oath, to-wit : " I
do solemnly swear, (or affirm,) that this writing contains the true last will and tes-
tament of the within named A. B., deceased, so far as I know or believe; and that
I will well and truly execute the same, by paying first the debts and then the lega-
cies mentioned therein, as far as his goods and chattels will thereunto extend, and
the law charge me ; and that I will make a true and perfect inventory of all such
goods and chattels, rights and credits, as may come to my hands or knowledge, be-
longing to the estate of the said deceased, and render a fair and just account of my
executorship, when thereunto required by law, to the best of my knowledge and
abilities: so help me God." Which said oath shall be administered by the probate
justice, and be attached to and form a part of the probate of said will.

Sec 27. All executors hereafter to be appointed, unless the testator or testatrix
shall otherwise direct in the will, and all administrators with the will annexed
shall, before entering upon the duties of their executorships and administrations, re-
spectively, enter into bond with good and sufficient security, to be approved by the

542 WILLS.

court of probate, in a sum double the value of the estate, and payable to the people
of the State of Illinois, for the use of the parties interested, in the following form,
to-wit: " Know all men by these presents, that we, A. B., C. D., and E. F., of the
county of and State of Illinois, are held and firmly bound unto the people of

the State of Illinois, in the penal sum of dollars, current money of the United

States, which payment well and truly to be made and performed, we, and each of us
bind ourselves, our heirs, executors and administrators, jointly, severally and firmly
by these presents : Witness our hands and seals, this day of A.D., 18
The condition of the above obligation is such, that ii' the above bounden A. B., execu-
tor of the last will and testament of G.H., deceased, (or administrator with the will an-
nexed, of G. H., deceased, as the case may be,) do make, or cause to be made, a true
and perfect inventory of all and singular the goods and chattels, rights and credits,
lands, tenements and hereditaments, and the rents and profits issuing out of the same,
of the said deceased, which have, or shall come to the hands, possession or know-
ledge of the said A. B., or into the possession of any other person for him, and the
same so made do exhibit in the court of probate for the said county of as re-

quired by law ; and also make and render a fair and just account of his actings and
doings as such executor, (or administrator,) to said court, when thereunto lawfully
required; and to well and truly fulfil the duties enjoined on him in and by the said
will; and shall, moreover, pay and deliver to the persons entitled thereto, all the lega-
cies and bequests contained in said will, so far as the estate of the said testator will
thereunto extend, according to the value thereof, and as the law shall charge him ;
and shall, in general, do all other acts which may, from time to time, be required of
him by law, then this obligation to be void, otherwise to remain in full force and
virtue." Which said bond shall be signed and sealed by the said executor, (or
administrator,) and his securities, and attested by the probate justice, and filed in
his office.

Sec 28. Where any testator or testatrix shall leave visible estate, more than
sufficient to pay all his or her debts, and by will shall direct that his or her execu-
tors shall not be obliged to give security, in that case, no security shall be required,
unless the court of probate shall see cause, from its own knowledge, or the sug-
gestions of creditors or legatees, to suspect the executors of fraud, or that the per-
sonal estate will not be sufficient to discharge all the debts, such court may require
security, and the same shall be given before letters testamentary shall be granted,
notwithstanding any directions to the contrary in said will.

Sec 29. If any person named as an executor or executrix in any last will and
testament, shall be, at the time when administration ought to be granted, under the
age of seventeen years, or of unsound mind, or convicted of any crime rendering
him or her infamous, or shall be a married woman, letters of administration, or tes-
tamentary, (as the case may require,) may be granted, in the same manner as if such
person had not been named as such in such will, unless in the case of a married
woman, her husband shall give bond with her as aforesaid, with two or more suffi-
cient securities, to be filed as aforesaid, for her faithful performance as such execu-
trix ; and on all questions touching such disqualification, the court of probate shall
receive the like testimony as would be admissible in any court of law or equity, in
similar cases.

Sec 30. In all cases in which, by the division of any county in this State, the
administrator or administratrix, to whom letters of administration may have been
granted by the probate court of such county, shall, by such division, be placed be-

WILLS. 543

yond the limits of the county in which such letters may have been granted, then
and in all such cases, the probate court of such county shall be authorized to pro-
ceed and settle the estate upon which letters of administration may have been so
granted, in the same manner as if no such division had occurred.

Sec 31. Courts of probate shall have power, and they are hereby required, to
revoke letters of administration, in all cases where the same have been, or hereafter
may be granted to any person, upon the false and fraudulent pretence of being a
creditor of the estate upon which administration has been or may be granted, or
upon any other false pretence whatever.

Sec. 32. In all controversies arising under this chapter, the court of probate
shall proceed to hear and determine the same : and if it shall appear that such letters
were fraudulently obtained by such administrator, the court shall revoke the same,
and give judgment against the administrator for all costs of suit, and issue execution
therefor, as in other cases.

Sec 33. In all cases where any court of probate shall hereafter revoke any let-
ters of administration, it shall proceed to grant the same to such person or persons
as may be entitled thereto.

Sec 34. When any administrator shall resign his office in writing, and such
resignation shall be accepted, the probate justice shall have power to appoint anoth-
er administrator ; but the acceptance of such resignation shall not be construed to
exonerate any such administrator or his securities, from liabilities incurred pre-
vious to such acceptance.

Sec 35. During any contest, in relation to the probate of any will, testament
or codicil, before the same shall be recorded, or until a will, which may have once
existed, but shall be destroyed or concealed, shall be established, and the substance
thereof committed to record, with the proof thereupon taken, or during any contest in
regard to the right of executorship, or to administer the estate of any person dying,
either testate or intestate, or whenever any other contingency may happen, which
shall be productive of great delay, before letters testamentary or of administration
can be issued upon the estate of such testator or intestate, to the person or persons
having legal preference to the same, the court of probate may appoint any person
or persons as administrators, to collect and preserve the estate of any such dece-
dent, until probate of his will, or until administration of his estate be granted, taking
bond and security for collecting the estate, making an inventory thereof, and safe
keeping and delivering up the same when thereunto required by the said court of
probate, to the proper executors or administrators, whenever they shall be admitted
and qualified as such.

Sec 36. The form of the letters to be granted to the person or persons so ap-
pointed to collect and preserve the estate of the decedent as aforesaid, shall be as
follows, viz : "The people of the State of Illinois : To all to whom these presents
shall come, greeting ; — Know ye, that whereas, A. B., late of the county of
and Slate of Illinois, deceased, as it is said, had, at his (or her) decease, personal
property within this State, the administration whereof can not be immediately gran-
ted to the persons by law entitled thereto, but which, if speedy care be not taken,
may be lost, destroyed or diminished ; to the end, therefore, that the same may
be preserved for those who shall appear to have a legal right or interest therein,
we do hereby request and authorize C. D., (and E. F., if two shall be appointed,)
of the county of and State aforesaid, to collect and secure the said property,

wheresoever the same may be, in this State, whether it be goods, chattels, debts or

544 WILLS.

credits, and to make, or cause to be made, a true and perfect inventory thereof, and
to exhibit the same, with all convenient speed, to the court of probate of the said
county of together with a reasonable account of his collection, acts and doings

in the premises aforesaid. Witness, G. H., probate justice, in and for the said
county of at his office in this day of A. D., 18

G. H., Probate Justice, [l.s.]"

Sec 37. Before letters of administration to collect shall be granted as aforesaid,
the person or persons so appointed as aforesaid, shall give bond, with good and
sufficient security, to be approved by the court of probate, in the following form,
to-wit :

"Know all men by these presents, that we, CD., E. F. and J. K., of the county
of and State of Illinois, are held and firmly bound unto the people of the State

of Illinois, in the penal sum of dollars, current money of the United States, for
the payment of which, well and truly to be made and performed, we bind ourselves,
our heirs, executors, administrators and assigns, jointly, severally and firmly by
these presents: Witness our hands and seals, this day of 18 . The

condition of the above obligation is such, that if the above bounden C. D. shall well
and honestly discharge the duties appertaining to his appointment as administrator
to collect of the estate of A. B., late of the county of deceased ; and shall

make or cause to be made, a true and perfect inventory of all such goods, chattels,
debts and credits of the said deceased, as shall come to his or her possession or
knowledge ; and the same in due time return to the office of the probate justice of
the proper county ; and shall also deliver to the person or persons authorized by the
said court of probate, as executors or administrators to receive the same, all such
goods, chattels and personal estate, as shall come to his or her possession as afore-
said, and shall in the general, perform such other duties as shall be required of him
(or her) by law, then the above obligation to be void: Otherwise to remain in full
force and virtue." Which said bond shall be signed and sealed by such administra-
tor, and his (or her) securities, attested by the probate justice and filed in his
office.

Sec 38. Before any administrator to collect, shall enter upon the duties of his
appointment as aforesaid, he or she shall take and subscribe the following oath or
affirmation, before the court of probate, to-wit: "I do solemnly swear, (or affirm,)
that I will well and honestly discharge the trust reposed in me as collector, or ad-
ministrator to collect, of the estate of A. B., deceased, according to the tenor and
effect of the letters granted to me by the court of probate of the said county of
to the best of my knowledge and ability : So help me God." Which said oath shall
be reduced to writing, subscribed by the party making it, and filed in the office of
the probate justice before whom the same shall be taken.

Sec 39. Every collector so appointed as aforesaid, shall have power to collect
the goods, chattels and debts of the said deceased, according to the tenor of the said
letters, and to secure the same at such reasonable and necessary expense as shall
be allowed by the court of probate ; and the said court may authorize him or her,
immediately after the inventory and appraisement of such estate, to sell such as
shall be perishable or may be injured by delay, and to account for the same ; and for
the whole trouble incurred by such collector, the court of probate may allow such
commission on the amount of the said personal estate as shall be actually collected
and delivered to the proper executor or administrator as aforesaid, as said court may

WILLS. 545

deem just and reasonable, provided the same shall not exceed six per cent, on the
amount stated in such inventory or bill of appraisement as aforesaid.

Sec. 40. Every collector appointed as aforesaid, shall have power to commence
suits for debts due to the decedent, and to release the same on payment thereof; and
no such suit shall abate by the revocation of the letters of such administrator to
collect, or collector ; but the same may be prosecuted to a final decision by the ex-
ecutor or executors, administrator or administrators, to whom letters testamentary
or of administration, may be granted as aforesaid.

Sec 41. On the granting of letters testamentary or of administration as afore-
said, the power of any such collector as may have been so appointed, shall cease
and it shall be his duty to deliver, on demand, all the property and money of the
deceased, which shall have come to his hands or possession, (savin°- such commis-
sion as may be allowed by the court of probate as aforesaid,) to the person or per-
sons obtaining such letters ; and in case any such collector or administrator shall
refuse or neglect to deliver over such property and money to his successor when
legal application shall be made therefor, such person or persons, so ne^-lectino- or
refusing, shall be liable to pay twenty per cent, over and above the amount of all
such property or money as shall come to his hands by virtue of his said administra-
tion ; and shall, moreover, forfeit all claim to any commission for collecting and
preserving the estate ; which said twenty per cent, together with all damages
which may be sustained by reason of the breach of any bond, which may at any
time be given by any such collector, may be sued for and recovered by the person
or persons to whom letters testamentary or of administration may be granted as
aforesaid, for the use of the estate of such decedent.

Sec. 42. All such estate, both real and personal, as is not devised or bequeathed
in the last will and testament of any person, shall be distributed in the same man-
ner as the estate of an intestate ; but in all such cases, the executor or executors,
administrator or administrators, with the will annexed, shall have the preference in
administering on the same.

Sec 43. If any lands, tenements or hereditaments, shall be charged with any
debt or debts, by any will, testament or codicil, and the creditor whose debt is so
secured, shall attest the execution of the same, such creditor shall, notwithstanding,
be admitted as a witness to the execution thereof.

Sec 44. In all cases Avhere a widow shall renounce all benefit under the will,
and the legacies and bequests therein contained to other persons shall, in conse-
quence thereof, become diminished or increased in amount, quantity or value, it
shall be the duty of the court of probate, upon the settlement of such estate, to
abate from, or add to such legacies and bequests in such manner as to equalize the
loss sustained, or advantage derived thereby, in a corresponding ratio to the several
amounts of such legacies and bequests according to the intrinsic value of each.

Sec 45. If the widow commit waste in the lands and tenements, or the personal
estate of the deceased, she shall be liable to an action by the heir or devisee, or his
or her guardian, if of real estate ; or by the executor or administrator, if of person-
al estate; and if she marry a second husband, he shall be answerable with her in
damages, for any waste committed by her as aforesaid, before such second marriage,
or by the husband himself after such marriage.

Sec 46. Estates both real and personal, of resident or non-resident proprietors
in this State, dying intestate, or whose estates, or any part thereof, shall be deemed

35

546 WILLS.

and taken as intestate estate, and after all just debts and claims against such estates
shall be paid as aforesaid, shall descend to and be distributed to his or her children
and their descendants, in equal parts; the descendants of a deceased child or grand-
child taking the share of their deceased parent in equal parts among them : and
when there shall be no children of the intestate, nor descendants of such children,
and no widow, then to the parents, brothers and sisters of the deceased person and
their descendants, in equal parts among them ; allowing to each of the parents, if
living, a child's part, or to the survivor of them, if one be dead, a double portion;
and if there be no parent living, then to the brothers and sisters of the intestate and
their descendants. When there shall be a widow and no child or children, or de-
scendants of a child or children of the intestate, then the one-half of the real estate,
and the whole of the personal estate shall go to such widow, as her exclusive es-
tate forever : subject to her absolute disposition and control, to be governed in all
respects by the same rules and regulations as are or may be provided in cases of
estates of femes sole: if there be no children of the intestate, or descendants of
such children, and no parents, brothers or sisters, or descendants of brothers and
sisters, and no widow, then such estate shall descend in equal parts to the next
of kin to the intestate, in equal degree, computing by the rules of the civil law :
and there shall be no representation among collaterals, except with the descen-
dants of the brothers and sisters of the intestate ; and in no case shall there be a
distinction between the kindred of the whole and the half blood, saving to the
widow, in all cases her dower, as provided by law.

Sec. 47. When any feme covert shall die intestate, leaving no child or children,
or descendants of a child or children, then the one-half of the real estate of the
decedent shall descend and go to her husband, as his exclusive estate forever.

Sec. 48. The widow, in all cases, shall be allowed to have and retain, as her
sole and separate property, one bed and bedding, the wearing apparel of herself
and family, one milch cow and calf, her saddle and bridle, one horse of the value of
forty dollars, household and kitchen furniture suincient for herself and family, and
provisions for the same for one year ; and also, the same amount and species of pro-
perty as is, or may be, by law, exempt from execution ; said property shall be re-
tained by the widow, and set apart to her by the executor or administrator, and
shall in no case be subject to the payment of the debts of the deceased.

Sec 49. When an inventory shall have been made of the personal estate of any
testator or intestate, the widow may relinquish her right to any or all of the specific
articles of property allowed to her by the preceding section ; or in case the intes-
tate shall not leave any or all of the articles specified, she shall be entitled to other
property, or the value of the same in money, and it shall be the duty of the admin-
istrator or court of probate, to allow the value of the articles specified by law to be
set apart to the widow of any intestate, to be allowed her in money or other per-
sonal property at her election.

Sec. 50. The right of a widow to her separate property, shall in no case be
affected by her renouncing, or failing to renounce the benefit of the provisions made
for her in the will of her husband or otherwise, as provided in chapter thirty-four
of the Revised Statutes.

Sec 51. Where any of the children of a person dying intestate, or their issue,
shall have received from such intestate, in his or her lifetime, any real or personal
estate, by way of advancement, and shall desire to come into the partition or dis-
tribution of such estate with the other parceners or distributees, such advancement,

WILLS. 547

both of real and personal estate, shall be brought into hotchpot with the whole es-
tate, real and personal, of such intestate ; and every person so returning such ad-
vancement as aforesaid, shall, thereupon, be entitled to his or her just proportion of
said estate.

Sec. 52. If any man shall have one or more children by any woman whom he
shall afterwards marry, such child or children, if acknowledged by the man, shall,
in virtue of such marriage and acknowledgment, be thereby legitimated, and capa-
ble in law to inherit and transmit inheritance, as if born in wedlock.

Sec 53. If any single or unmarried woman, having estate either real or per-
sonal, in her own right, shall hereafter die, leaving one or more children, deemed
in law illegitimate, such child or children shall not, on that account, be disinherited;
but they and each of them, and their descendants, shall be deemed able and capable
in law to take and inherit the estate of their deceased mother, in equal parts among
them, to the exclusion of all other persons : Provided, That if there shall be no
such child or children or their descendants, then, and in such case, the estate of the
intestate shall be governed by the rules of descent, as in other cases where illegiti-
mates are excluded.

Sec. 54. In all cases where any person shall die intestate, leaving real or per-
sonal estate in this State, and a child or children, commonly called posthumous chil-
dren, shall be born unto him after his decease, within the usual time prescribed by
law, such child or children shall come in for their just proportion of said estate, in
all respects as though he, she or they had been born in the lifetime of the intestate.

Sec 55. Administration shall be granted to the husband, upon the goods and
chattels of his wife, and to the widow or next of kin to the intestate, or some of
them, if they will accept the same, and are not disqualified ; but in all cases, the
widow shall have the preference; but if no widow or other relative of the intes-
tate, shall apply within sixty days from the death of such intestate, the court of
probate may grant administration to any creditor or creditors who shall apply for
the same ; and in case no such application be made by any creditor or creditors,
within fifteen days next ensuing the lapse of the said term of sixty days as afore-
said, administration may be granted to any person or persons whom the judge of
probate may think will best manage the estate ; and in all cases where such intes-
tate shall have been a non-resident, or without a widow, next of kin, or creditors
in this State, but having property within the State, administration shall be granted
to the public administrator of the proper county, and to no other person : Provided,
That no administration shall in any case be granted, until satisfactory proof be made
before the court of probate, to whom application for that purpose shall be made,
that the person on whose estate letters of administration are requested, is dead, and
died intestate, so far as they have knowledge and belief.

Sec 56. The Governor of this State shall nominate, and by and with the ad-
vice and consent of the senate, appoint in each county in this State, where such
appointments have not already been made, or as often as any vacancies may occur
in the appointments which have heretofore been made under the existing laws, j»,
suitable person, to be known by the name of the public administrator, for such
counties respectively, whose office, power and duties shall be prescribed by law.

Sec 57. Whenever any person shall die intestate, in any county in this State,
or when any non-resident shall die intestate, leaving goods and chattels, rights and
credits, or either in this State, and no widow or next of kin, or creditor or credi-
tors, shall be living within this State, administration of the goods and chattels,

548 WILLS.

rights and credits of such intestate, shall be granted to the public administrator of
the county in which such intestate died, or in which the goods and chattels, rights,
credits and effects shall be found, in case such intestate shall have been a non-resi-
dent, and his successors in office.

Sec. 5S. In all cases, where any person shall die seized or possessed of any-
real estate within this State, or having any right or interest therein, and shall have
no relative or creditor within this State, cr if there be any, who will not adminis-
ter upon such deceased person's estate, it shall be the duty of the judge of probate,
upon the application of any person interested therein, to commit the administration
of such estate to the public administrator of the proper county ; and such public
administrator may be made a party to any suit or proceeding in law or equity, and
shall, to all intents and purposes, be liable as the personal representative of such
deceased person.

Sec. 59. Each and every public administrator, who may at any time be ap-
pointed as aforesaid, shall, before entering upon the duties of his office, take and
subscribe the following oath, to-wit : "I, A. B., public administrator in and for the
county of and State of Illinois, do solemnly swear, (or affirm,) that I will

well and truly perform all such duties as may be required of me by law, as such
administrator, to the best of my knowledge and abilities : so help me God." Which
said oath shall be taken before the probate justice of the proper county, reduced to
writing and subscribed by the public administrator, and filed in the office of the said
justice.

Sec 60. It shall be the duty of the probate justice, upon granting letters of
administration to public administrators, to take bond in the same manner as other
administrators. And if any public administrator shall neglect or refuse to take out
letters of administration, and give bond as aforesaid, within sixty days after it be-
comes his duty to do so, his office shall be deemed vacant, and upon the certificate
of the probate justice of such fact, the Governor shall fill such vacancy.

Sec. 61. In all cases, where administration shall have been granted to any pub-
lic administrator as aforesaid, and it shall afterwards appear that there is or are, a
widow or next of kin, or creditor or creditors of the deceased, entitled to the pre-
ference of administration by this chapter, it shall be the duty of the court of pro-
bate to revoke the letters granted to such public administrator, and to grant the same
to such widow, next of kin, creditor or creditors, as shall or may be entitled there-
to: Provided, That application shall be made to the court of probate of the proper
county, by such person or persons, within six months after letters shall have been
granted to the public administrator as aforesaid ; saving to such administrator, in all
cases, all such sum or sums of money as may be due to him from such estate on
account of commission and expenses, due to and incurred by him, in the manage-
ment of said estate.

Sec 62. If any balance of any such intestate's estate as may, at any time, be
committed to any public administrator as aforesaid, shall remain in the hands of such
administrator, after all just debts and charges against such estate shall have been
fully paid, which shall have come to the knowledge of such public administrator,
for two years after the administration of such estate shall have been committed to
him as aforesaid, such administrator shall cause the amount thereof, with the name
of the intestate, the time and place of his or her decease, to be published in some
one of the public newspapers printed in this State, for eight weeks successively,
notifying all persons having claims or demands against such estate, to exhibit the

WILLS. 549

same, together with the evidence in support thereof, before the court of probate of
the proper county, within six months after the date of such notice, or that the same
will be forever barred; and if no such claim be presented for payment or distribu-
tion within the said time of six months as aforesaid, such balance shall be paid into
the public treasury of said county ; and the county shall be answerable for the
same, without interest, to such person or persons as shall thereafter appear to be
legally entitled to the same, if any such shall ever appear.

Sec. 63. Upon the death of any person intestate, not leaving a widow or next
of kin, or creditor or creditors, within any county in this State, it shall and may be
lawful for the public administrator of the county wherein such person may have
died as aforesaid, or wherein the goods and chattels, rights and credits of such de-
cedent shall be, in case such person shall have been a non-resident, to take such
measures as he may deem proper for the protecting and securing the property and
effects of such intestate from waste or embezzlement, until administration thereon
shall be granted to the person entitled thereto as aforesaid ; the expenses whereof
shall be paid to such public administrator, upon the allowance of the court of pro-
bate, in preference to all other demands against such estate, funeral expenses ex-
cepted.

Sec. 64. Upon every application for letters of administration upon the goods
and chattels, rights and credits of any person dying intestate, by any person not en-
titled to the same, as husband, widow, next of kin, creditor or creditors, or public
administrator, the court of probate to which such application shall be made, shall,
before the granting of administration to any such applicant or applicants, cause such
applicant or applicants to produce satisfactory evidence that the person or persons
having the preference, have relinquished their prior right thereto : Provided, Such
application shall be made within the space of seventy-five days next ensuing the
death of any such intestate as last aforesaid; but if such application be made after
the expiration of seventy-five days, it shall not be necessary to make such proof;
and the probate justice may proceed to grant letters to such applicant or applicants,
or any other person or persons, as he may think fit.

Sec. 65. All letters testamentary, to be hereafter issued to executors under this
law, shall be in the following form, to-wit:

State of Illinois, ) 0

County of ^

The People of the State of Illinois : To all to whom these presents shall come,
Greeting: Know ye, That whereas, A. B., late of the county of and State

of Illinois, died, on or about the day of A. D., 18 , as it is said,

after having duly made and published his last will and testament, a copy whereof
is hereunto annexed, leaving at the time of his death, property in this State, which
may be lost, destroyed or diminished in value, if speedy care be not taken of the
same ; and inasmuch as it appears that C. D. has been appointed executor in and by
the said last will and testament to execute the same ; and to the end that the said
property may be preserved for those who shall appear to have a legal right or in-
terest therein, and that said will may be executed according to the request of the
said testator ; we do hereby authorize him, the said C. D., as such executor, to col-
lect and secure all and singular the goods and chattels, rights and credits, which
were of the said A. B., at the time of his decease, in whosesoever hands or possession
the same may be found in this State ; and well and truly to perform and fulfil all
such duties as may be enjoined upon him by the said will, so far as there shall be

550 WILLS.

property, and the law charge him ; and, in general, to do and perform all other acts
which now are, or hereafter may be required of him by law. Witness, E. F., pro-
bate justice of the said county of at his office in this
day of A. D., 18 . E. F., Probate Justice, [l. s.]

Sec 66. The form of letters of administration hereafter to be issued in this
State, shall, as near as may be, be as follows, to-wit:

State of Illinois, )
n ' > ss.

tOHNTY OF ^

The People of the State of Illinois : To all to whom these presents shall come,
Greeting: Know ye, That whereas, A. B., of the county of and State of Il-

linois,, died intestate, as it is said, on or about the day of A. D., 18 ,

having at the time of his decease, personal property in this State, which may be
lost, destroyed or diminished in value, if speedy care be not taken of the same ; to
the end, therefore, that said property may be collected and preserved for those who
shall appear to have a legal right or interest therein, we do hereby appoint C. D.,
of the county of , and State of Illinois, administrator of all and singular the

goods and chattels, rights and credits, which were of the said A. B., at the time of
his decease ; with full power and authority to secure and collect the said property and
debts, wheresoever the same may be found in this State, and, in general, to do and
perform all other acts which now are, or hereafter may be required of him by law.
Witness, E. F., probate justice in and for the said county of , at his office

in , this day of A. D., 18 . E. F., Probate Justice, [l. s.]

And in all cases where letters of administration with the will annexed, letters of
administration de bonis non, or letters of administration to any public administrator,
shall hereafter be issued by any court of probate in this State, the same shall be
issued in conformity with the foregoing forms, as nearly as may be, taking care to
make the necessary variations, additions or omissions, to suit each particular case.

Sec. 67. The court of probate shall, in all cases, upon granting administration
of the goods and chattels, rights and credits of any person dying intestate, require
the administrator or administrators, (public administrators excepted,) to take and
subscribe the following oath, to-wit: "I do solemnly swear, (or affirm,) that I will
well and truly administer all and singular the goods and chattels, rights, credits and
effects of A. B., deceased, and pay all just claims and charges against his estate,
so far as his goods, chattels and effects shall extend, and the law charge me; and
that I will do and perform all other acts required of me by law, to the best of my
knowledge and abilities." Which said oath shall be reduced to writing, subscrib-
ed by the person taking the same, before the said probate justice, and filed in his
office.

Sec. 68. Each and every administrator, except as is hereinbefore provided for,
shall, before entering upon the duties of his office, enter into bond, with good and
sufficient security, to be approved by the court of probate, in a sum double the
value of the estate, and payable to the people of the State of Illinois, for the use of
parties interested, in the following form, to-wit : "Know all men by these pre-
sents, that we, A. B., C. D., and E. F., of the county of , and State of Illi-
nois, are held and firmly bound unto the People of the State of Illinois, in the penal
sum of dollars, current money of the United States, which payment, well and
truly to be made and performed, we, and each of us, bind ourselves, our heirs, ex-
ecutors, administrators and assigns, jointly, severally and firmly by these presents.
Witness our hands and seals, this day of , A. D. 18 ."

WILLS. 551

"The condition of the above obligation is such, that if the said A. B., administra-
tor of all and singular the goods and chattels, rights and credits of J. K., deceased,
do make, or cause to be made, a true and perfect inventory of all and singular the
goods and chattels, rights and credits of the said deceased, which shall come to the
hands, possession or knowledge of him the said A. B., as such administrator, or to
the hands of any person or persons for him ; and the same so made, do exhibit, or
cause to be exhibited, in the court of probate for the said county of , agreea-

bly to law; and such goods and chattels, rights and credits, do well and truly ad-
minister according to law, and all the rest of the said goods and chattels, rights and
credits, which shall be found remaining upon the account of the said administrator,
the same being first examined and allowed by the court of probate, shall deliver
and pay unto such person or persons, respectively, as may be legally entitled there-
to ; and further, do make a just and true account of all his actings and doings there-
in, when thereunto required by the said court ; and if it shall hereafter appear that
any last will and testament was made by the deceased, and the same be proved in
court, and letters testamentary or of administration be obtained thereon, and the
said A. B. do, in such case, on being required thereto, render and deliver up the
letters of administration, granted to him as aforesaid, and shall in general do and
perform all other acts which may at any time be required of him by law, then this
obligation to be void, otherwise, to remain in full force and virtue." Which said
bond shall be signed and sealed by the said administrator and his securities, attes-
ted by the probate justice, and filed in his office. And, in all cases, where bonds
shall be taken from any administrator di bonis non, or in any other case where a
form shall not be prescribed in this chapter, the same shall be made, as nearly *as
may be, in conformity with the form above prescribed, with corresponding variations,
to suit each particular case.

Sec 69. All bonds which may at any time be given by any executor or execu-
tors, administrator or administrators, either with or without the will annexed, or de
bonis non, to collect, or public administrator, may be put in suit and prosecuted
against all or any one or more of the obligors named therein, in the name of the
people of the State of Illinois, for the use of any person or persons who may have
been injured, by reason of the neglect or improper conduct of any such executor or
administrator as aforesaid ; and such bonds shall not become void on the first recov-
ery thereon, but may be sued upon from time to time, until the whole penalty shall
be recovered : Provided, That the person or persons for whose use the same may
at any time be prosecuted, shall be liable for all costs which may accrue in the
prosecution of the same: and certified copies of all such bonds, under the seal of
the court of probate, shall be received as evidence, to authorize such recovery in
any court of law or equity having jurisdiction thereof in this State.

Sec. 70. The administrator of an executor, or of an administrator, shall enter
into a sufficient bond, with approved security, to cover the damages that might ac-
crue by a forfeiture of the same, and shall have power, and he is hereby required,
to make final settlement of the unsettled estate, under all the liabilities, and with all
the privileges of an administrator de bonis non.

Sec 71. If, at any time after letters of administration have been granted, a will
of the deceased shall be produced, and probate thereof granted according to law,
such letters of administration shall be revoked and repealed ; and letters testamen-
tary, or of administration, with the will annexed, shall be granted in the same man-
ner as if the former letters had not been obtained.

552 WILLS.

Sec 72. In all cases where a will, testament or codicil shall have been proved
and letters granted thereon as aforesaid, and such will shall thereafter be set aside
or annulled by due course of law, the letters granted thereon shall be revtked and
repealed, and administration de bonis non granted of the goods and chattels unad-
ministered.

Sec. 73. The court of probate shall have power to revoke and repeal all letters
testamentary or of administration, granted to persons who shall become insane, lu-
natic or of unsound mind, habitual drunkards, who may be convicted of any infa-
mous crime, who waste or mismanage the estate, or who conduct themselves in such
a manner as to endanger their co-executors, co-administrators or securities : In all
which cases, the court shall summon the person or persons charged to be in default
or disqualified as aforesaid, to show cause why such revocation should not be made ;
and when made, the reasons therefor shall be stated at large upon the record, and
other letters granted to the next person or persons who shall, according to law, be
entitled to the same.

Sec 74. If any executor of any last will or testament, or administrator of an in-
testate estate, residing out of this State, at the time of taking upon himself the execu-
tion of such trust, or after having done so, shall remove beyond the limits of this State,
. and shall refuse or neglect, after clue notice from the court of probate, to render his
accounts and make settlement of such estate, with creditors, legatees or heirs, or
their legal representatives, the said court may, in like manner, revoke such letters,
and grant other letters thereon to such person or persons as may be entitled to the
same, and as to (he said court shall seem meet.

Sec. 75. Where the letters of one of several executors or administrators are
revoked, or one or more of the executors or administrators shall die or become dis-
qualified, the court of probate may, in its discretion, join others in their stead or
place, and require additional bonds from such new administrator or administrators ;
or the survivor or survivors, or such as shall not have their powers revoked, shall
proceed to manage the estate ; and in case the letters of all of them shall be re-
voked, or all of said executors or administrators shall depart this life before
final settlement and distribution of the estate shall have been made, administration,
with the will annexed, or as the case may require, shall be granted to the persons
next entitled thereto 5 and in all cases where any such executor or administrator shall
have Iiis letters revoked as aforesaid, he shall, nevertheless, be liable on his bond, to
such subsequent administrator or administrators, or to any other person or persons
aggrieved, for any mismanagement of the estate thus committed to his care as afore-
said 5 and such subsequent administrator or administrators may have and maintain
actions of trover, debt, detinue, account, and on the case, against such former exec-
utor or administrator, for all such goods, chattels, debts and credits as shall have
come to the possession of him or her, and which shall be withheld, or may have
been wasted, embezzled or misapplied, and no satisfaction made for the same.

Sec 76. All the provisions in this chapter, relative to an executor or adminis-
trator, shall apply and extend to an executrix or administratrix, or executors or ad-
ministrators, and vice versa, unless otherwise expressly provided lor ; and who-
ever any party in the singular number, or a male party is mentioned, the rule shall
apply to a female, or two or more having a joint interest, so far as the rule can be
with propriety applied, and so far as is net otherwise directed.

Sec 77. No executor or administrator, or security for an executor or adminis-
trator shall be chargeable beyond the assets of the testator or intestate, by reason of

WILLS. 553

any omission or mistake in pleading, or false pleading of such executor or adminis-
trator.

Sec. 78. If any court of probate shall hereafter grant letters testamentary or
of administration, of the estate of any person deceased, without taking good secu-
rity for the same as aforesaid, or if the security so taken shall afterwards become
insufficient, and in all cases where such security has been heretofore taken, and
now has, or shall hereafter become insufficient as aforesaid, it shall be lawful for
the said court, on the application of any person entitled to distribution, a creditor,
or otherwise interested in such estate, to require such executor or administrator to
give other and sufficient security ; and in default thereof, the letters testamentary or
of administration shall be revoked, and administration granted to the person enti-
tled to the same, according to the rules hereinbefore prescribed in the case of an
administrator de bonis non ; and all acts done and performed according to law, by
the executor or administrator, whose letters testamentary or of administration may
be revoked as aforesaid, prior to such revocation, shall be valid and effectual.

Sec. 79. When securities for executors or administrators, or their representa-
tives, may conceive themselves in danger of suffering by the mismanagement of such
executors or administrators, and petition the court of probate for relief, in writing,
setting forth the cause of such apprehension, the said court shall examine such pe-
tition, and if the court shall deem the causes therein stated and set forth, sufficient
to entitle such petitioner or petitioners to relief, if true, he shall summon such ex-
ecutor or administrator, to show cause against such petition ; and may thereupon dis-
miss the same, or direct such executor or administrator, in his discretion, either
to give good counter security to save such petitioner or petitioners harmless,
or to give a new bond in the like penalty as the first ; and such new bond shall have
relation back to the time of granting letters testamentary or of administration, and
shall be as etfectual in every respect, as if the same had been executed before such
letters had been granted ; and upon refusal or neglect to give bond de novo, or coun-
ter security as aforesaid, the letters granted to such executor or administrator may
be revoked, and letters of administration with the will annexed, or de bonis non,
granted thereon as aforesaid.

Sec SO. In all cases, where a new bond shall be required to be given by an ex-
ecutor or administrator as aforesaid, the formal part of the bond shall be as hereto-
fore prescribed, with a condition thereto, in the following form, to-wit : "The con-
dition of the above obligation is such, that whereas, the above bounden, A. B., exec-
utor of the last will and testament of J. K., deceased, (or administrator of the goods
and chattels, rights and credits of J. K., deceased,) has heretofore executed a bond,
payable to the people of the State of Illinois, and conditioned for the discharge of
his duties as executor, (or administrator,) as aforesaid, which said bond bears
date on the day of A. D., 18 ': and whereas, by

an order of the court of probate, made on the day of A. D., 18

other bond and security has been required of the said executor, (or administrator :)
Now, therefore, if the said executor, (or administrator,) shall well and truly have
kept and performed, and shall well and truly keep and perform the condition of
the bond first given as aforesaid, in all respects according to law, and shall in all
respects have performed, and shall continue to perform, the duties of his office afore-
said, then this obligation to be void : otherwise, to remain in full force and vir-
tue." Which bond shall be signed, sealed, attested and filed, in all other respects
as aforesaid.

554 WILLS.

Sec. 81. In every case, wherein letters testamentary, of administration, or of
collection are granted, it shall be the duty of the executor or administrator to make
out a full and perfect inventory of all such real and personal estate, or the proceeds
thereof, as shall be committed to his superintendence and management, and as shall
come to his hands, possession or knowledge, whether the same shall consist in
lands, tenements, hereditaments, annuities or rents, or in goods and chattels, and
rights and credits, particularly specifying the nature and amount of each, or both, as
the case may require, and noting distinctly the amount in money on hand, the na-
ture of each debt due to the deceased ; and whether the same be separate, doubtful
or desperate, which said inventory shall be returned to the office of the probate
justice within three months from the date of the said letters testamentary or of ad-
ministration as aforesaid.

Sec 82. On granting any letters testamentary or of administration as afore-
said, a warrant or warrants shall issue, under the seal of the court of probate, au-
thorizing three persons of discretion, not related to the deceased, nor interested in
the administration of the estate, to appraise the goods, chattels and personal estate
of the deceased, known to them, or to be shown by the executor or administrator ;
which warrant shall be in the following form, to-wit : " The People of the State
of Illinois, to A. B., C. D., and E. F., of the county of and State of

Illinois, Greeting : This is to authorize you, jointly, to appraise the goods, chattels
and personal estate of J. K., late of the county of and State of Illinois,

deceased, so far as the same shall come to your sight and knowledge ; each of you
having first taken the oath (or affirmation) hereto annexed; a certificate whereof
you are to return, annexed to an appraisement bill of said' goods, chattels and per-
sonal estate, by you appraised, in dollars and cents ; and in the said bill of appraisement
you are to set down in a column or columns, opposite to each article appraised, the
value thereof. Witness, L. M., probate justice for the said county of at his

office in this day of A. D., 18 .

L. M., Probate Justice." [l. s.]

For which said warrant the probate justice shall receive the sum of twenty-five
cents, and no more. And on the death, refusal to act, or neglect of any such ap-
praiser, another warrant, in form as aforesaid, may forthwith issue in its stead.

Sec. 83. The appraisers, before they proceed to the appraisement of the estate,
shall take the following oath, (or affirmation,) to be annexed to, or indorsed on the
warrant of appointment as aforesaid, before any person authorized to administer an
oath, viz : "You, and each of you, do solemnly swear, (or affirm,) that you will
well and truly, without partiality or prejudice, value and appraise the goods, chat-
tels and personal estate of J. K., deceased, so far as the same shall come to your
sight and knowledge ; and that you will in all respects perform your duty as ap-
praisers to the best* of your skill and judgment." After which, the said apprais-
ers shall proceed as conveniently as may be, to the discharge of their duty, and
shall set down each article, with the value thereof, in dollars and cents as afore-
said. All the valuations shall be set down on the right hand side of the paper in
one or more columns, in figures, opposite to their respective articles of property,
and the contents of each column shall be cast up, and set at the foot of each column
respectively.

Sec 84. When the bill of appraisement shall be completed, the appraisers shall
certify the same under their hands and seals, with a certificate of the oath, (or affir-
mation,) to be taken by them, thereto annexed; and shall deliver the same into

WILLS. 555

the hands of the executor or administrator, to be by him returned into the office of
the probate justice, within three months from the date of his letters testamentary
or of administration.

Sec. 85. Inventories and bills of appraisement, and authenticated copies thereof,
may be given in evidence in any suit, by or against the executor or administrator,
but shall not be conclusive for, or against him, if any other testimony be given, that
the estate was really worth, or was, bonajide, sold for more or less than the apprais-
ed value thereof.

Sec 86'. Whenever personal property of any kind, or assets, shall come to the
possession or knowledge of any executor or administrator, which shall not have
been mentioned and included in the inventory and bill of appraisement as aforesaid,
an account or inventory of the same shall be returned to the office of the probate
justice, appraised by three disinterested, sworn appraisers as aforesaid, within three
months after discovery shall be made of the same.

Sec 87. Each and every appraiser appointed under this chapter, shall be enti-
tled to the sum of seventy-five cents per day for each day's necessary attendance in
making all such appraisements and bills thereof as aforesaid, to be allowed by the
court of probate, and paid upon its order by the executor or administrator, and
charged to the account of the estate.

Sec 88. When the estate of any testator or intestate shall have been appraised,
and the same shall be ascertained to be entirely solvent, and free from debt or in-
cumbrance, or where there shall be a sufficiency of money or assets in the hands
of the executor to pay such debts, independent of the property mentioned in such
inventory and bill of appraisement, it shall be lawful for the widow to make her
election, whether she will take that part of the personal estate to which she may be
entitled by right of dower or otherwise, out of the articles mentioned in such bill of
appraisement, according to the appraised value thereof, or the amount thereof in
money, whenever the same shall be sold and the money collected therefor ; or she
may take a part in property and a part in money, as she may prefer. And, in all
such cases, it shall be the duty of the executor or administrator, to notify the widow
as soon as such appraisement shall be made, and to set apart to her, such article or
articles of property, not exceeding the amount to which she may be entitled, and as
she may prefer or select, within thirty days after written application shall be made
for that purpose by such widow: And if any such executor or administrator shall
neglect or refuse to comply with the foregoing requisition, when application shall be
made for that purpose, he shall forfeit and pay for the use of such widow, the sum
of twenty dollars per month, for each month's delay to set apart said property so se-
lected, after the said term of thirty days shall have elapsed, to be recovered in the
name of the people of the State of Illinois, for the use of such widow, in any court
having jurisdiction of the same.

Sec 89. Executors and administrators shall, in addition to the inventory and
bill of appraisement required to be made as aforesaid, make a further inventory
from time to time, of all moneys, judgments, bonds, promissory notes, open accounts
or other evidences of debt: also, of his titles to estates, both real and personal, as
well equitable as legal, specifying the kind, quantity, quality, situation and value of
such real estate, by what title held, and from whom purchased, if known ; the debts
appearing to be due, or to become due to such testator or intestate, the names of the
person by whom owing, date of the contracts, and amount of interest accruing on
the same, with such other and further description of the said estate, the books,

556 WILLS.

papers and evidences of title, so as to make the same as full and perfect as possible;
which said inventory, when made, shall be filed in the cfi'ice of the probate justice,
as is required in other cases by this chapter.

Sec. 90. If any executor or administrator, or other person interested in any es-
tate, shall state upon oath to any court of probate, that he believes that any person
has in possession, or has concealed or embezzled any goods, chattels, moneys or
effects, books of account, papers or any evidences of debt whatever, or titles' to land,
belonging to any deceased person, the court shall require such person to appear be-
fore it by citation, and may examine him on oath, touching the same, and if such
person shall refuse to answer such proper interrogatories as may be propounded by
the court, or person interested as aforesaid, or shall refuse to deliver up such prop-
erty or effects as aforesaid, upon a requisition being made for that purpose by an
order of the said court of probate, such court may commit such person to jail, until
he shall comply with the order of the court therein.

Sec. 91. The books of account of any deceased person, shall be subject to the
inspection of all persons interested therein.

Sec. 92. Executors and administrators shall be chargeable with so much of the
estate, whether real, personal or mixed, or the proceeds thereof, of their testator or
intestate, as they, after due and proper diligence, shall recover and receive.

Sec. 93. In all cases, where power is or may be given in any will, to sell and
dispose of any real estate, or interest therein, and the same be sold and disposed of
in the manner, and by the persons appointed in such will, the sales shall be good and
valid ; and where one or more executors shall depart this life before such sales be
made, the survivor or survivors shall have the same power, and their sales shall
be good and valid as though they all joined in such sale.

Sec 94. No executor or administrator shall, under any pretence whatever, re-
move any property whatsoever, wherewith such administrator or executor may be
charged by virtue of his letters, beyond the limits of this State ; and in case any such
executor or administrator shall remove such property, it shall be the duty of the
court of probate, forthwith to revoke his letters, and to cause a suit to be instituted
on his bond, against him and his securities, for the use of the persons interested in
said estate ; and the jury trying such cause shall, on satisfactory evidence of the
removal of the property as aforesaid, render a verdict against the offender and his
securities, for the full value thereof, and such other damages as the parties inter-
ested may have sustained by reason thereof; and letters of administration on said
estate shall issue to the next person or persons entitled, as in other cases.

Sec 95. It shall be the duty of each and every administrator or executor, to fix
on a certain term of the court of probate, within nine months from the time'oi' his or
her being qualified as such administrator or executor, for the settling and adjusting all
claims against such decedent, and give notice thereof in some public newspaper
within this State, as required by law : and also, by putting up a written or printed
notice on the door of the courthouse, and in five otiier of the most public places in
the county, notifying and requesting all persons having claims against said estate,
to attend at said term of the probate court, for the purpose of having the same ad-
justed ; said notice to be given at least six weeks previous to said day, when and
where such claimant shall produce his or her claim in writing; and if.no objection
be made to said claim, by the administrator, widow, guardian, heirs or others, inter-
ested in said estate, the claimant shall be permitted to swear that such claim is just
and unpaid, or that the same is correct, after allowing all just credits ; and if objec-

WILLS. 557

tions be made to said claim, previous to said claim being sworn to, the account shall
be adjudicated as is now required by law. All persons who do not avail them-
selves of the opportunity of having their claims adjudicated at the said term of the
court, shall have power to proceed against the executor or administrator, as is now
prescribed by law : Provided, That estates shall be answerable for the costs on
the claims filed at or before said term, but not after : And, provided further, That
no execution shall be issued against any executor or administrator, for the term of
one year from the date of his or her letters testamentary or of administration.

Sec. 96. The executor or administrator shall, as soon as convenient, after ma-
king the inventory and appraisement, as hereinbefore directed, sell at public sale,
all the personal property, goods and chattels of the testator or intestate, not reserved
to the widow as aforesaid ; and also, excepting specific legacies and bequests, where
the estate is sufficient to discharge the debts, over and above such specific legacies
and bequests ; upon giving three weeks' notice of the time and place of such sale,
by at least four advertisements, set up in the most public places in the county
where the sale is to be made, or by inserting an advertisement in the nearest and
most public newspaper printed in this State, to the place of such sale, at least four
weeks successively, previous thereto, upon a credit, of not less than six nor more
than twelve months, by taking bond with good security of the purchasers at such
sale : Provided, That such executor or administrate may make it a part of the
condition of such sale, that purchases under the sum of five dollars, shall be paid
in hand : And, provided further, That if any testator shall direct that his estate
shall not be sold, the same shall be preserved in kind, and distributed accordingly,
unless such sale should become absolutely necessary, for the payment of the debts
and charges against the estate of such testator.

Sec. 97. If any executor or administrator shall be of opinion that it would be
of advantage to the estate of the testator or intestate, to dispose of the crop growing
at the time of his or her decease, the same shall be inventoried, appraised and sold,
at the same time, and in the same manner as is directed in the preceding section ;
but if such executor or administrator shall believe that it would be of more advan-
tage to the estate, to go on and finish the same previous to such sale, he shall be
authorized so to do : and the proceeds of such crop, after deducting all necessary
expenses for cultivating, gathering and making sale of the same, shall be assets in
the hands of such executor or administrator, and subject to the payment of debts and
legacies, and to distribution as aforesaid.

Sec. 98. In all public sales of property, made in pursuance of this chapter as
aforesaid, the executor or executors, administrator or administrators, may employ
the necessary clerks and a crier, who shall be allowed such compensation, not ex-
ceeding two dollars per day, as the court of probate may judge reasonable, to be
paid by such executors or administrators, and charged to the estate. All such sales
shall be made between the hours of ten o'clock in the forenoon, and five o'clock in
the afternoon of each day ; and any such as shall be made before or after the time
herein limited, shall be void.

Sec. 99. All executors and administrators shall, immediately after making such
sales as aforesaid, make, or cause to be made, abill of the sales of said estate, descri-
bing particularly, each article of property sold, to whom sold, and at what price;
which sale bill, when thus made and certified by the clerk of such sale and the crier
thereof, as true and correct, shall be returned into the office of the probate justice
in the like time as is required in cases of inventories and appraisements.

558 WILLS.

Sec. 100. Any creditor, whose debt or claim against the estate is not due, may,
nevertheless, present the same for allowance and settlement, and shall, thereupon, be
considered as a creditor under this chapter, and shall receive a dividend of the said
testator's estate, after deducting a rebate of interest for what he shall receive on
such debt, to be computed from the time of the actual payment thereof to the time
such debt would have become due, according to the tenor and effect of the contract.

Sec. 101. No action shall be maintainable against any executor or administrator
for any debt due from the testator or intestate, until the expiration of one year after
the taking out of letters testamentary or of administration, except as is herein ex-
cepted ; nor shall any person, suing after that time, recover costs against such ex-
ecutor or administrator, unless a demand be proved before the commencement of
such suit; but in all other cases, both executors and administrators shall be liable
to pay costs as other persons.

Sec 102. No suit shall be brought against any executor or administrator, for or
on account of any claim or demand against the testator or intestate, unless such suit
shall be brought within one year next after such executor or administrator shall
have settled his accounts with the court of probate.

Sec 103. When any executor or administrator, whose testator or intestate
shall have died seized of any real estate in this State, shall discover that the per-
sonal estate of such testator or intestate is insufficient to pay the just claims against
his or her estate, such executor or administrator shall, as soon as conveniently may
be, make a just and true account of the said personal estate and debts, as far as he
or she can discover the same, and shall make out a petition to the circuit court of
the county in which administration shall have been granted, stating therein, what
real estate the said testator or intestate died seized of, or so much thereof as will be
necessary to pay his or her debts as aforesaid, and request the aid of the said court
in the premises ; and it shall also be the duty of such administrator or executor, to
give at least thirty days' notice of the time and place of presenting such petition, by
serving a written notice of the same, together with a copy of said account and peti-
tion, on each of the heirs or their guardians, or devisees of said testator or intestate,
or by publishing a notice in the nearest newspaper for three weeks successively,
commencing at least six weeks before the presenting of said petition, of the inten-
tion of presenting the same to the circuit court, for the sale of the whole, or so
much of the real estate of the said testator or intestate, as will be sufficient to pay
his or her debts, and requesting all persons interested in said real estate, to show
cause why it should not be sold for the purposes aforesaid.

Sec 104. It shall be the duty of the said circuit court, at the time and place
specified in the notice aforesaid, or at such other time as the said court shall appoint,
to hear and examine the allegations and proofs of such executor or administrator,
and of all such other persons interested in said estate, as may think proper to resist
such sale ; and if, upon due examination, the said circuit court shall ascertain that
the said personal estate of such testator or intestate is not sufficient for the payment
of his or her debts, the said court shall order and direct the whole, if necessary, but
if notj then so much of the said estate, from time to time, as will be sufficient to pay
such debts, to be sold as is hereinafter directed ; and when a part only of such estate is
- ordered to be sold, such order shall specify as particularly as may be, the part so
ordered to be sold: Provided, always, That where any houses and lots, or other
real estate are so situated, that a part thereof can not be sold without manifest preju-
dice to the heirs or devisees, such court may, in its discretion, order the sale of the

WILLS. 559

whole, or such part thereof as shall be necessary for the payment of debts ; and the
overplus arising from such sale shall be distributed among the heirs and devisees, or
such other person or persons as may be entitled thereto.

Sec. 105. All sales of any such real estate, directed to be made as aforesaid,
shall be made, and conveyances executed for the same, by the executor or adminis-
trator applying for such order; which said conveyances shall set forth such order
at large, and shall be valid and effectual against the heirs and devisees, of such testator
or intestate, and all other persons claiming by, through or under him, her or them.

Sec. 106. No lands or tenements shall be sold by virtue of any such order of
the circuit court as aforesaid, unless such sale be at public vendue, and between the
hours of ten o'clock in the forenoon, and live o'clock of the afternoon of the same
day ; nor unless the time and place of holding such sale shall have been previously
published for the space of six weeks successively, by putting up notices thereof, in
at least four of the most public places in the county where such real estate shall be
sold; and also by causing a similar notice thereof to be published in the nearest
newspaper in this State ; nor unless such real estate shall be described with com-
mon certainty in the said advertisements : And if any executor or administrator, so
ordered to make sale of any real estate as aforesaid, shall sell the same contrary to
the provisions of this chapter, he shall forfeit and pay the sum of live hundred dol-
lars, to be recovered by action of debt, in the name of the people of the fetate of
Illinois, for the use of any person interested, who may prosecute for the same : Pro-
vided, That no such offence shall be deemed to affect the validity of such sale: And,
provided further, That it shall be lawful for such executor or administrator to sell
the same on a credit, of not less than six, nor more than twelve months, by taking
bond with good security, for the payment of the purchase money, and by takino- a
mortgage on said land.

Sec. 107. In all cases, where a petition shall be presented for the sale of any
real estate, and one or more of the devisees or heirs of the testator or intestate shall
be infants, and without a guardian resident in the county in which such petition shall
be preferred, the circuit court to which the same shall be presented, shall appoint
some discreet person as guardian ad litem, 1'or the purpose of appearing for, and
defending the interest of such infant or infants in the proceedings therein.

Sec. 108. No part of the real estate of any testator or intestate, shall be ordered
to be sold, unless the executor or administrator applying for such order, shall have
made and filed an inventory, appraisement bill, and sale bill, in the office of the pro-
bate justice; nor unless such executor or administrator shall have first applied the
personal estate, or proceeds thereof, or such part thereof as shall have come to his
possession, towards the payment of the debts of the said testator or intestate.

Sec 109. Any person or persons claiming to be aggrieved by any judgment,
decree or order, for the sale of any such real estate as aforesaid, may appeal from
the same to the supreme court of this State: Provided, Such appeal be entered du-
ring the term in which such judgment, decree or order shall be made.

Sec. 110. When any real estate shall, at any time, be ordered to be sold, the mo-
neys arising from such sale shall be received by the executor or administrator ap-
plying for such order, and shall be considered as assets in his or her hands for the
payment of debts ; and shall be applied in the same manner as assets arising from
the sale of personal property.

Sec 111. In all cases, where any testator or intestate now deceased, or shall
hereafter die seized of any lands, the payment whereof has not been completed to

560 WILLS.

the United States, and the estate of such decedent is, or shall be unable to make com-
plete payment therefor, with advantage to such estate, it shall be lawful for the ad-
ministrator, executor or other legal representatives of such deceased, to sell or dis-
pose of the certificate or certificates of entry, or further credit of the same, in such
manner as they may deem most advisable for the interest of such estate; and the
money arising from such sales, shall be assets in the hands of such executor or ad-
ministrator, as in other cases.

Sec. 112. But in all cases where the estate of any such testator or intestate shall
be solvent, and such lands as aforesaid may be patented without prejudice to the
estate, it shall be the duty of the executor or administrator to complete the payment
for the same, by relinquishment or out of the proceeds of the personal property, as
the case may require, in the name of the heirs or legal representatives of the dece-
dent, entitled thereto: and he shall be allowed a credit for the amount of such pay-
ments, and all reasonable expenses incurred in making the same, upon final settle-
ment of such estate: Provided, That the provisions of this, and the preceding sec-
tion shall, in nowise, interfere with the provisions of any last will or testament as
aforesaid.

Sec 113. In all cases where the lands, or certificates of entry or purchase, of
any testator or intestate, on which partial payments shall have been made as afore-
said, have, or shall hereafter, become forfeited to the United States for the non-pay-
ment thereof ; or where any deposit or deposits, or payments of money, by way of
entry or purchase of any such lands, or securing the preference of purchase thereof,
shall have been made by such testator or intestate, at any of the land offices in this
State, and the same have, or shall at any time hereafter, become forfeited to the
United States, for the non-payment of the residue due, or to become due on said
lands ; and where the Congress of the United States has made, or shall hereafter
make provision for a further extension of credit, or for the repayment of the sums
thus forfeited, to the payors thereof, or to their legal representatives, either by the
issuing of scrip, granting of lands, or by the actual return of the money thus paid
as aforesaid; or shall, in any other manner, provide for the relief of such purchaser
or purchasers, it shall be lawful for the executor or administrator, or the legal rep-
resentatives of such testator or intestate, to avail themselves of such provision or
relief, for the use of the estate, in like manner as such testator or intestate might or
could do, if living at the time ; and all such sums of money as may be produced by
the sale of any such forfeited certificate or deposits, or such scrip as may be recei-
ved in lieu thereof, and all such sums as shall be repaid in money as aforesaid, on
account of any such forfeitures, shall be considered as assets in the hands of such
executor or administrator, and shall be accounted for accordingly.

Sec. 114. Whenever any estate is found to be insolvent, it shall be so entered
of record by the probate justice, and after such order so made, no action shall be
maintained against the executors or administrators, except at the costs of the party
suing: but persons entitled, shall receive their proportions of said estate, in the
manner herein provided for: and whenever the real estate shall be required to be
sold for the payment of debts, no suit shall be maintained, until the money is received
for such real estate, and an order made by said court, directing the executor or ad-
ministrator to pay out the same, as required in this chapter. And the court of pro-
bale may make all necessary orders to coerce the executor or administrator to make
immediate application to the circuit court for the sale of such real estate.

WILLS. 561

Sec 115. All demands against the estate of any testator or intestate shall be
divided into classes, in manner following, to-wit : First: All funeral and other ex-
penses attending the last sickness, shall compose the first class. Second: All ex-
penses of proving the will, and taking out letters testamentary or of administration,
and settlement of the estate, and the physician's bill in the last illness of the decea-
sed, shall compose the second class. Third: Where any executor, administrator or
guardian has received money as such, his executor or administrator shall pay out of
his estate, the amount thus received and not accounted for, which shall compose the
third class. Fourth : All other debts and demands of whatsoever kind, without
regard to quality or dignity, which shall be exhibited within two years from the
granting of letters as aforesaid, shall compose the fourth and last class. And all
demands not exhibited within two years as aforesaid, shall be forever barred, unless
such creditor shall find other estate of the deceased, not inventoried or accounted
for by the executor or administrator ; in which case, his claim shall be paid, pro
rata, out of such subsequently discovered estate ; saving, however, to femes covert,
infants, persons of unsound mind, or imprisoned, or beyond the seas, the term of
two years after their respective disabilities be removed, to exhibit their claims.

Sec 116. The manner of exhibiting claims against the estate of any testator or
intestate, may be by serving a notice of such claim on the executors or administra-
tors, or presenting them the account, or filing the account, or a copy thereof, with
the court of probate.

Sec 117. When a claim shall be filed, or suit brought, against any such execu-
tor or administrator, and it shall appear on trial, that such claimant or plaintiff is
indebted to such executor or administrator, it shall be lawful for such court of pro-
bate to give judgment therefor, and issue an execution, or any other final process,
which a justice of the peace might issue in like cases.

Sec 118. Persons having claims against estates, upon giving the executor or
administrator ten days' notice of the time they intend to present the same to said
court, the court, upon examination, shall allow or reject such claims : Provided,
The court may allow further time for either party to produce other or further evi-
dence in his favor: Provided, also, That judgments regularly obtained, and a copy
thereof duly certified and filed with the court of probate, shall be taken as duly
proven; and all instruments in writing, signed by the testator or intestate, if the
hand writing be proven, and nothing be shown to the contrary, shall be deemed duly
proved.

Sec 119. No person making a claim against the estate of any testator or intes-
tate, shall be permitted to prove the same by his or her own oath, except in cases
specified in section ninety-five hereof: but said court may, in its discretion, before
giving judgment against any executor or administrator, require the claimant to make
oath that such claim is just and unpaid: Provided, That the amount of such judg-
ment shall not be increased upon the testimony of the claimant.

Sec 120. All claims and demands against estates, when allowed by the court
of probate as aforesaid, shall be classed and paid by the executor or administrator,
in the manner provided in this chapter, commencing with the first class ; and when
the estate is insufficient to pay the whole of the demands, such demands in any one
class, shall be paid, pro rata, whether the same shall be due by judgment, writing
obligatory or otherwise, except in such cases as shall be herein excepted.

Sec 121. When any executor or administrator shall have any demand against
his testator or intestate's estate, he shall be required to file his demand with the court
36

562 WILLS.

of probate, as other persons ; and the court shall appoint some discreet person to
appear and manage the defence for the estate ; and upon a final hearing, said court
shall allow said demand, or such part thereof as shall be legally established, or reject
the same, as to said court shall appear just. Should an executor or administrator
appeal in such case, the court of probate shall appoint some person to defend as
aforesaid.

Sec. 122. The court of probate shall make an entry of all demands allowed
against estates, and file and preserve the papers belonging to the same, and shall,
also, class said demands as is required by this chapter ; and when any executor or
administrator shall pay any claim before the same is allowed as aforesaid, said court
shall require such executor or administrator to establish the validity of such claim
by the like evidence as is required in other cases, before the same is classed and he
credited therewith.

Sec. 123. All executors and administrators shall exhibit accounts of their ad-
ministration, for settlement, to the court of probate from which the letters testamen-
tary or of administration were obtained, at the first term thereof which shall happen
after the expiration of one year after the date of their letters as aforesaid; and in
like manner every twelve months thereafter, or sooner, if required, until the duties
of their administration be fully completed.

Sec 124. Upon each and every settlement of the accounts of any executor or
administrator, as provided by this chapter, it shall be the duty of the court, to ascer-
tain the whole amount of moneys which shall have come into the hands of such exec-
utor or administrator, belonging to the estate of the deceased, and the whole amount
of debts established against such estate ; and if there be not sufficient to pay the
whole of the debts, the moneys aforesaid shall be appropriated among the several
creditors, pro rata, according to their several rights, as established by this chapter ;
and thereupon, the court shall make an order, directing such executor or adminis-
trator to pay the claims which have been allowed by the court, according to such
apportionments; and the court, upon each and every -settlement, shall proceed in
like manner, until the whole debts be paid, or the assets exhausted.

Sec 125. Whenever it shall appear that the personal estate of any person de-
ceased, is insufficient to discharge the debts of such estate, and there is real estate
belonging to the same, the court of probate shall make out such an abstract from its
records, of the debts and credits of such estate, and of the lands owned by such
testator or intestate, from the inventory of such estate, whether the title be complete
or not; which abstract shall be presented to the circuit court, by the executor or
administrator, who may then obtain an order to sell the same in the manner herein-
before directed ; and the proceeds of such sales shall be assets in the hands of such
executor or administrator, for the payment of debts, and be subject to the same or-
der, by the court of probate, in the payment of debts, as other assets.

Sec 126. If any executor or administrator shall fail or refuse to pay over any
moneys or dividend to any person entitled thereto, in pursuance of the order of the
courtof probate, lawfully made, within thirty days after demand made for such mo-
neys or dividend, the court of probate, upon application made, shall attach such de-
linquent executor or administrator, and may cause him to be imprisoned until he
shall comply with the order aforesaid, or until such delinquent is discharged by due
course of law ; and moreover, such failure or refusal on the part of such executor
or administrator, shall be deemed and taken in law to amount to a devastavit, and an
action upon such executor's or administrator's bond, and against his or their securi-

WILLS. 563

ties, may be forthwith instituted and maintained; and the failure aforesaid to pay
such moneys or dividend, shall be a sufficient breach to authorize a recovery thereon.

Sec. 127. Whenever it shall appear that there are sufficient assets to satisfy all
demands against the estate, the court of probate shall order the payment of all lega-
cies mentioned in the will of the testator, the specific legacies being first satisfied.

Sec 128. Where any heir of an intestate has received money, goods, chattels
or real estate, from such intestate, if the amount so received shall be charged to
such heir by said intestate, the same shall be taken into computation in making dis-
tribution of the estate upon being brought into hotchpot, as aforesaid : Provided,
That an heir who has received from the intestate, more than his share, shall in no
ease be required to refund.

Sec. 129. Exflputors and administrators shall not be compelled to pay legatees
or distributees, until bond and security be given by such legatees or distributees, to
refund the due proportion of any debt which may afterwards appear against the
estate and the costs attending the recovery thereof: such bond shall be made pay-
able to such executor or administrator, and shall be for his indemnity, and filed in
the court of probate.

Sec 130. When, at any time after the payment of legacies or distributive
shares, it shall become necessary that the same or any part thereof be refunded for
the payment of debts, it shall be the duty of the court of probate, on application
made, to apportion the same among the several legatees or distributees, according
to the amount received by them, except the specific legacies, which shall in no case
be required to be refunded, unless the residue be insufficient to satisfy such debts ;
and if any distributee or legatee shall refuse to refund, according to the order of
the court of probate, made as aforesaid, within sixty days thereafter, and upon
demand made, such refusal shall be deemed a breach of his bond given to the exec-
utor or administrator as aforesaid, and an action may be instituted thereon to the use
of such party entitled ; and in all cases where there may be no bond, an action of
debt may be maintained against such distributee or legatee, and the order of the
■court of probate shall be evidence of the demand.

Sec 131. Where there are two or more executors or administrators of an es-
tate, and any one of them take all or a greater part of such estate, and refuse to pay
the debts of the testator or intestate, or refuse to account with the other executors
or administrators, in such case the executor or administrator so aggrieved, may have
his action of account, or suit in equitv, against such delinquent executor or adminis-
trator, and recover such proportionate share of said estate as shall belong to him ;
and every executor, being a residuary legatee, may have an action of account, or
suit in equity, against his co-executor or co-executors, and recover his part of the
estate in his or their hands ; and any other legatee may have the like remedy
against the executors : Provided, That before any action shall be commenced for
legacies as aforesaid, the court of probate shall make an order directing them to be
paid.

Sec 132. Actions of trover, detinue or replevin, shall survive for and against
executors and administrators, and may be maintained in the same manner and with
like effect as such actions could be for or against their testator or intestate, if living.

Sec 133. When the mortgagee of any lands or tenements shall die, leaving mi-
nor heirs, the executors or administrators of such mortgagee shall be, and they are
hereby authorized, on receiving the amount due the estate of such deceased mort-
gagee, to release to the mortgagor the legal title of the said mortgaged premises ;
and such deed of release shall be valid.

564

WILLS.

Sec. 134. Real estate may be mortgaged or leased by executors or guardians :
Provided, Such mortgage or lease shall not be for a longer term than until the heir
entitled to such estate shall attain the age of twenty-one years, if a male, or eighteen
years, if a female.

Sec 135. Before any mortgage or lease shall be made as aforesaid, the execu-
tors or guardians shall petition the court of probate for an order authorizing such
mortgage or lease to be made, and which the court may grant, if the interests of the
estate may require it : Provided, That the executor or guardian making application
as aforesaid, upon obtaining such order, shall enter into bond with good security,
faithfully to apply the moneys to be raised upon such mortgage or lease, to the pay-
ment of the debts of the testator, or for the benefit of the w^ or wards of such
guardian : And all moneys so raised, shall be assets in the hands of such executor
for the payment of debts, and shall be subject to the order of the court of probate,
in the same manner as other assets, or shall be applied to the use of such ward or
wards, where the same shall be received by a guardian as aforesaid.

Sec. 136. Executors and administrators shall be allowed, as a compensation for
their trouble, a sum, not exceeding six per centum on the whole amount of person-
al estate, and not exceeding three per cent, on the money arising from the sales or
letting of land, with such additional allowances for costs and charges in collecting
and defending the claims of the estate, and disposing of the same as shall be rea-
sonable.

Sec 137. If any executor or administrator shall fail to comply with the pro-
visions of this chapter, or shall fail to comply with any or all of the covenants in
his bond, an action may be forthwith instituted and maintained upon such bond,
against the principal or securities, or both; and the failure aforesaid shall be a suffi-
cient breach to authorize a recovery, in the same manner as though a devastavit had
been previously established against such executor or administrator.

Sec 138. Appeals shall be allowed from all judgments, orders or decrees of
the court of probate, to the circuit court, in favor of any person who may consider
himself or herself aggrieved by any judgment, order or decree of the court of pro-
bate as aforesaid, and from the circuit court to the supreme court, as in other
cases.

Sec 139. The courts of probate, respectively, shall have power to enforce due
observance of all orders, decisions, judgments and decrees which shall, at any time,
be made in the discharge of their official duties, and may issue attachments for any
contempt offered such court, or its process, by any executor, administrator, witness
or other person or persons ; and may fine and imprison, or either, all such offenders,
in the same manner as the circuit courts may or can do, in all similar cases, except
in such cases as have been hereinbefore provided for : Provided, That the fine in-
flicted in such cases shall in no instance exceed the sum of fifty dollars, nor shall
any such imprisonment be extended beyond the term of twenty days.

Sec 140. For the purpose of enabling the courts of probate respectively, to
execute the powers vested in them by this chapter, it shall be the duty of the sheriff
of each county in which such courts shall be held, when required by the court of
probate, to attend all regular and special sittings of said court, either by himself or
deputy, and to keep and preserve good order in the same ; and also, to serve and
execute all writs of attachment, summonses, subpoenas, citations, notices and other
processes, which may, at any time, be legally issued by such court of probate, and
to make due return thereof. And all such sheriffs shall be entitled to the same fees

WOLVES.

565

and compensation as is, or may be allowed for the time being, for the performance
of similar services in the circuit courts, to be taxed and allowed by the court of
probate, against the county, party liable, or delinquent, (as near as maybe applica-
ble,) according to the rules and practice in the circuit courts respectively.

Sec. 141. In all cases where executors and administrators have been hereto-
fore appointed, and who shall not have completed their respective administrations
or executorships, before this chapter takes effect, such executors or administrators
shall be deemed to be within the provisions' of this chapter, in relation to the revo-
cation of their powers, giving of new or additional bonds, bonds to save securities
harmless, and in relation to the payment of debts to creditors, and the remainder of
the estate to the distributees, and in relation to the performance of their duties gen-
erally, whenever the provisions of this chapter shall be deemed applicable : And
the courts of probate, in such cases, shall cause the settlements to be made, and the
administrations completed, according to the rules and regulations herein prescribed,
without delay.

Approved : March 3, 1845.

[Amended: — See Appendix, Acts Nos. 34, 35, 36 and 37.]

CHAPTER CX.

WOLVES.

Section
1. County commissioners' courts may allow boun-
ties on wolf scalps; certificates thereof

Section

receivable for taxes due the county from the
commissioners' court, from which it issued.

Section 1. The county commissioners' court of any county in this State, may
hereafter allow such bounty on the big wolf and prairie wolf, of six months old
and upwards, as said court may deem reasonable ; said bounty to be paid out of the
treasury of the county wherein said wolf or wolves may be taken and killed, upon
the certificate of the county commissioners' court ; and said certificate shall be re-
ceivable by the collector of the county wherein such allowance of bounty may have
been made, for any taxes due said county.

Approved : March 3, 1845.

[Amended : — See Appendix, Act No. 38.]

APPENDIX

KEVISED STATUTES.

APPENDIX,

The following acts, to No. 47, inclusive, embrace all laws of the General As-
sembly of 1844-5, of a general and public nature, the subjects whereof were not
revised nor incorporated in the several chapters composing the Revised Statutes.
[See chap. 90, sec. 5; ante, 470.] They amend or contravene certain provisions
of the chapters to which they refer ; and so far as they do so, they operate as a
modification or repeal of such provisions. [See chap. 90, sec. 22; ante, 472.]

And the remainder of the numbered acts, embrace various laws, passed at
sessions of the General Assembly, previous to the last, which remain unrepealed,
and are not incorporated in the foregoing chapters ; and which affect, and are
necessary to the full understanding of the matters comprised in those chapters,
or which remain in operation, and are of general public interest. [See chap. 90,
sec. 6 ; ante, 470.]

ACT, NUMBER I.

AN ACT TO PROVIDE FOR CANCELING AUDITOR'S WARRANTS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the third section of an act to amend an act, entitled " An
act to consolidate the acts relative to the auditor and treasurer, and election of
attorney general," approved, March 2, 1833, be so amended, that hereafter, the
warrants required to be deposited, as in said act required, shall be canceled with
a canceling hammer, by striking the same upon the face of each warrant, instead
of the canceling required by said act. This act to be in force from and after its
passage.

Approved: February 18, 1845.

[Amendatory to Chapter 13.]

570 APPENDIX.

ACT, NUMBER II.

AN ACT FOR THE FURTHER RESTRICTION OF IMPRISONMENT FOR DEBT.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That when any defendant in execution, shall be held in custody
on final process, in a case where the said defendant can not be discharged under the
provisions of an act entitled "An act for the relief of insolvent debtors," approved,
January the twelfth, in the year of our Lord one thousand eight hundred and twen-
ty-nine, and when said defendant shall make an affidavit before some competent offi-
cer authorized to administer oaths, that he or she has no rights or credits, property,
real and personal, in possession or action, except such property as is exempt from
execution by the laws of this State, it shall not be lawful for the said defendant to
be committed to the common jail of any county in this State, unless the plaintiff in
execution, his or her agent or attorney shall, on Monday of each and every week,
pay to the jailer, the fees to which he may be entitled on said imprisonment: Pro-
vided, That no defendant in execution shall be discharged as aforesaid, unless the
plaintiff in execution, his or her agent or attorney, if a resident of the county where
the proceedings are had, shall have had at least three days' notice of the time and
place of the making of such affidavit.

Sec 2. If, at any time, the plaintiff, his agent or attorney shall fail to advance
the jail fees, as herein provided, it shall be the duty of the officer or jailer, as the
case may be, forthwith to discharge the prisoner ; and it shall not be lawful to ar-
rest or imprison the said defendant a second time, upon an execution issued upon
the same judgment; but nothing herein contained, shall operate to discharge the
said defendant from the payment of such judgment and costs, if property can be
found to satisfy the same.

Sec 3. If the plaintiff, his agent or attorney, shall make the advances of the
jail fees, as herein provided, the said defendant may be imprisoned, at one dollar
and fifty cents per day, until the judgment and costs shall be satisfied, and the offi-
cer making the arrest, shall, in that event, indorse the execution "satisfied in full by
imprisonment."

Sec 4. This act to be in force from and after its passage.

Approved : February 28, 1845.
[Amendatory to Chapters 14 and 52.]

APPENDIX. 571

ACT, NUMBER III.

AN ACT TO FIX THE TENURE OP THE OFFICE OF MASTER IN CHANCERY.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That from and after the first day of April next, the tenure of
office of master in chancery, in the several counties in this State, shall be two
years.

Sec. 2. Whenever a vacancy occurs in the office of master in chancery, in
any county in this State, under the provisions of this law, it shall be the duty of
the judge presiding in the circuit court of such county, to fill such vacancy by ap-
pointment, as soon thereafter as conveniently may be.

Sec. 3. So much of the first section of the law entitled "An act to fix the ten-
ure of certain officers," approved, February 21st, one thousand eight hundred and
forty -three, as conflicts with the provisions of this law, be, and the same is hereby
repealed.

Approved : March 3, 1845.

[Amendatory to Chapter 21.]

ACT, NUMBER IV.

AN ACT IN RELATION TO MASTERS IN CHANCERY.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That whenever any master in chancery shall have resigned his
office, or shall have been removed therefrom, and shall have left any business per-
taining to his office, unfinished, it shall be lawful for his successor or successors in
office, to do any act or acts coming within the duties of the master, which may have
been left undone by his predecessor or predecessors, and which may be necessary
to the final completion of such unfinished business.

Sec 2. That this act shall have relation to any business as aforesaid, which
may, now or hereafter, remain unfinished, as contemplated in the first section of
this act j and that this act shall take effect from and after its passage.

Approved : February 10, 1845.
[Amendatory to Chapter 21.]

572 APPENDIX.

ACT, NUMBER V.

AN ACT AUTHORIZING MASTERS IN CHANCERY TO GRANT WRITS OF CERTIORARI.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That hereafter, masters in chancery in their respective counties,
upon application in manner as now is provided by law, to be made to the proper
judge, shall have power to grant and order the issuing of writs 'of certiorari, to re-
move causes from before justices of the peace and probate justices, into the circuit
court.

Approved : March 3, 1845.

[ Amend atohy to Chapter 21.]

ACT, NUMBER VI.

AN ACT TO EXEMPT BURYING GROUNDS FROM TAXES, EXECUTIONS AND ATTACHMENTS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Jlssembly, That wherever any lot of ground, not exceeding ten acres, shall
be appropriated and used as a burying ground, and shall be recorded as such in the
recorder's office of the county, the same shall be exempt from all taxes.

Sec 2. Where any such lot of ground shall be laid off and sold in lots for
burying the dead, the said lots shall not be subject to execution or attachment :
Provided, That no person shall hold more than one-eighth of an acre exempt from
execution.

Approved : March 3, 1845.

[Amendatory to Chapter 22.]

APPENDIX. 573

ACT, NUMBER VII.

AN ACT IN RELATION TO THE ELECTION OF COUNTY OFFICERS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That from and after the first Monday in August, A. D., 1847,
the tenure of office of all justices of the peace, constables, probate justices of the
peace, county recorders, county commissioners' clerks, county surveyors and coun-
ty treasurers, shall continue for two years only, after their election, and until their
successors shall be elected and qualified.

Sec. 2. On the first Monday in August, in the year eighteen hundred and forty-
seven, and on the first Monday of August, every two years thereafter, there shall
be elected in each county in this State, one probate justice of the peace, one county
recorder, one county commissioners' clerk, one county surveyor, a county treasur-
er, and such justices of the peace and constables, as are now by law required to be
elected.

Sec. 3. All laws and parts of laws, coming within the meaning and purview
of this act, are hereby repealed.

Approved : February 27, 1845.

[Amendatory to Chapter 27.]

ACT, NUMBER VIII.

AN ACT AUTHORIZING COUNTY COMMISSIONERS' COURTS TO PROVIDE FOR THE SAFE KEEP-
ING AND PRESERVING ALL THE PUBLIC RECORDS BELONGING TO SAID COUNTIES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the respective county commissioners' courts of this State
be, and they are hereby authorized to erect, build and provide permanent fire-proof
rooms, houses or vaults, for the purpose of placing therein and preserving from in-
jury, damage, loss or destruction by fire, the records and documents of their re-
spective counties.

Approved : March 3, 1845.

[Amendatory to Chapter 27.]

574 APPENDIX.

ACT, NUMBER IX.

AN ACT TO ENCOURAGE THE APPREHENSION OF HORSE THIEVES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That it shall be lawful for the county commissioners' courts of
the several counties in this State, by an order to be entered upon their records, to
fix upon a sum, not exceeding fifty dollars, as a reward to be paid to any person or
persons who shall hereafter pursue and apprehend, beyond the limits of the county
where the offence shall have been committed, any person guilty of stealing any
horse, mare or mule ; which reward shall be paid, on conviction of the thief, by the
county in which the offence was committed : Provided, That said reward shall not
disqualify the person entitled thereto from being a witness.

Approved : February 26, 1845.

[Amendatory to Chapter 27.]

ACT, NUMBER X.

AN ACT TO ESTABLISH THE COOK COUNTY COURT.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That there shall be, and hereby is created and established, a
county court, in and for the county of Cook, in the State of Illinois, which court
shall be called the "Cook county court," and shall be a court of record, with a
seal and clerk, and be held by a judge to be chosen in the manner, and hold his
office for the term prescribed in the Constitution of this State, for the appointment
of judges of courts of record: Said judge shall, before he enters upon the duties of
said office, take the usual oath of office.

Sec. 2. The said court shall have jurisdiction concurrent with the circuit courts
of this State, in all matters civil and criminal, and in all suits and proceedings, either
at law or in equity, within the limits of said county, and shall have exclusive juris-
diction in all appealed cases arising within the same, and in all eases of misde-
meanor, which are prosecuted by indictment.

Sec. 3. The process of said court shall be tested in the name of the judge
thereof, and be issued and executed in the same manner as process from the circuit
court of said county ; and the rules, proceedings and practice not herein otherwise

APPENDIX. 575

provided for, shall conform, as near as may be, to the rules, proceedings and prac-
tice of the circuit courts of the State ; and all orders, judgments and decrees of said
court, shall have the same lien upon real and personal estate, and shall be enforced
and collected in the same manner as orders, judgments and decrees, rendered in
the circuit courts of this State ; and appeals from the orders, judgments and decrees
of said county court, directly to the supreme court, shall be had in the same cases,
and taken and conducted in the same manner as is provided by the laws of this
State, for the taking of appeals and writs of error from the circuit court : Provided,
That the judge of the said court shall have full power to establish all such rules of
practice, at law or in equity, as he may think necessary to expedite the business of
said court 5 which rules of practice shall be binding and obligatory upon the parties
to suits in said court, from the time they shall be entered of record.

Sec 4. The judge of said court shall hold four terms of said court in each
year, in a building to be provided by the county commissioners' court of said county,
in the city of Chicago, commencing on the first Mondays of May, August, Novem-
ber and February, and shall continue each term until all the business before the
same is disposed of. The said judge shall have power to appoint special terms of
said court at such times as he may think proper, upon giving twenty days' notice
thereof in the corporation newspaper of the city of Chicago; which notice shall be
given by the clerk of said court, under the order of the judge of the said court ; and
the judge of the said court shall have the same powers in vacation as are now
vested in the judges of the supreme court when acting as circuit judges in vaca-
tion ; and shall have power, upon entering the proper order of record in said court,
during any term thereof, to fix any number of days or times at which he will hear
at his chambers, general and special motions, arguments of demurrers, and argu-
ments upon agreed cases, and for the making up of issues, and lor the making of
orders thereupon, and for the making of all such interlocutory orders as may be ne-
cessary to expedite the proceedings in any cause ; and the said court shall always
be considered open for hearing all matters and applications on the chancery side
thereof, and the granting of all such orders as may be required or necessary in the
practice of said court : Provided, That no final order, judgment or decree shall be
entered in vacation, except judgments by confession, which may be entered at any
time, upon filing the proper papers with the clerk of said court, and have the same
force and effect as if entered in term time: And, provided further, That the judge
of said court shall examine and sign the records of the general and special terms
of said court, as also, all orders entered on motion days, which orders shall have
the same force and effect, and the judge shall have the same power to enforce the
same, as if entered in term time.

Sec. 5. That all recognizances taken before any justice of the peace within
sa,id county, in any criminal proceedings, shall be taken returnable to said court ; and
said justice shall return all the papers in criminal cases to the said court, in the
same manner as now required by law, to the circuit courts ; and all fines, penalties
and forfeitures, had or taken in any criminal proceeding whatsoever, shall enure to
the benefit of said county.

Sec. 6. The clerk of said court shall be appointed by the judge thereof, and
shall, before entering upon the duties of said office, make and file with the clerk of
the county commissioners' court, his bond with good and sufficient securities, to be
approved of by the judge of said court, to the people of the State of Illinois, in the

576 APPENDIX.

penal sum of five thousand dollars, conditioned, well, truly and faithfully to per-
form the duties of his said office, and to pay over and account for all such sums of
money as may come into his hands by virtue of his said office, and a new bond with
further, other or additional securities given whenever the judge of said court shall
direct.

Sec. 7. The grand and petit jurors of said court, shall be selected by the
county commissioners' court of Cook county, in the manner provided by law for
the selection of jurors for the circuit court, and shall possess the same qualifica-
tions, be liable to the same penalties and punishments, have the benefit of the same
excuses and exemptions, shall take the same oaths, and possess the same powers,
and be governed in all their proceedings in the same manner as is prescribed, al-
lowed and imposed in the case of jurors in the circuit court.

Sec. 8. The sheriff shall perform the same duties, and have the same powers,
and be liable to the same penalties in the said court as he may perform, has or may
be subject to, in the circuit court ; and there shall be elected by the legislature, a
prosecuting attorney for said county, who shall hold his office for the term of two
years, and until a successor is appointed and qualified.

Sec 9. ' The clerk, jurors, sheriff and other officers of said court, shall receive
the several fees and compensation that now are, or hereafter may be allowed for
similar services, in the circuit courts of this State, to be received, collected and
paid in like manner, as such fees now are, or hereafter shall be ; and the judge of
said court shall receive a salary of six hundred dollars, and the prosecuting attor-
ney two hundred dollars to be paid quarterly out of the State treasury.

Sec 10. This act to take effect from and after its passage.

Approved: February 21, 1845.

[Amendatoky to Chapter 29.]

ACT, NUMBER XL

AN ACT TO ESTABLISH THE JO DAVIESS COUNTY COURT.

Section 1. Be it enacted by the People of the. State of Illinois, represented in the
General Assembly, That there shall be, and hereby is created and established, a
county court in and for the county of Jo Daviess, in the State of Illinois, which
court shall be called the "Jo Daviess county court," and shall be a court of record,
with a seal and clerk, and be held by a judge to be chosen in the manner, and hold
his office for the term prescribed in the Constitution of this State, for the appoint-
ment of the judges of courts of record. Said judge, before he enters upon the duties
of the said office, shall take the usual oath of office.

Sec 2. The said court shall have jurisdiction concurrent with the circuit court
of this Stale, in all matters, civil and criminal, and in all suits and proceedings,
either at law or in equity, within the limits of the said county, and shall have exclu-

APPENDIX. 577

sive jurisdiction in all appeal cases arising within the same, and in all cases of mis-
demeanor prosecuted by indictment.

Sec 3. The process of said court shall be tested in the name of the judge
thereof, and be issued and executed in the same manner as process from the circuit
court of the said county, and the rules, proceedings and practice, not herein other-
wise provided for, shall conform as near as may be, to the rules, proceedings and
practice of the circuit courts of the State; and all orders and judgments, and de-
crees of said court, shall have the same lien upon real and personal estate, and shall
be enforced and collected in the same manner as orders, judgments and decrees,
rendered in the circuit courts of this State ; and appeals from the orders, judgments
and decrees of the said county court, directly to the supreme court, shall be had in
the same cases, and taken and conducted in the same manner, as is provided by the
laws of this State, for the taking of appeals and writs of error from the circuit
court : Provided, That the judge of the said court shall have full power to establish
all such rules of practice at law or in equity, as he may think necessary to expe-
dite the business of the said court, which rules of practice shall be binding and
obligatory upon the parties to suits in said court, from the time they shall be enter-
ed of record.

Sec 4. The judge of the said court shall hold four terms of said court in each
year, in a building to be provided by the county commissioners' court, in the said
county, in the city of Galena, commencing on the first Mondays of May, August,
November and February, and shall continue such term until all the business before
the same is disposed of. The said judge shall have power to appoint special terms
of the said court, at such times as he may think proper, upon giving twenty days'
notice thereof in some newspaper printed in the city of Galena, which notice shall
be given by the clerk of the said court, under the order of the judge of the said
court; and the judge of the said court shall have the same powers in vacation as
are now vested in the judges of the supreme court, when acting as circuit judges
in vacation ; and shall have power upon entering the proper order of record in said
court, during any term thereof, to fix any number of days or times at which he
will hear at his chambers, general and special motions, arguments of demurrers,
and arguments upon agreed cases, and for the making up of issues, and for the mak-
ing of orders thereupon, and for the making of all such interlocutory orders as may
be necessary to expedite the proceedings in any cause ; and the said court shall al-
ways be considered open for hearing all matters and applications on the chancery
side thereof, and the granting of all such orders as may be required or necessary
in the practice of the said court : Provided, That no final order, judgment or de-
cree, shall be entered in vacation, except judgment by confession, which may be en-
tered at any time, upon filing the proper papers with the clerk of the said court, and
have the same force and effect as if entered in term time : And, provided further,
That the judge of said court shall examine and sign the records of the general and
special terms of the said court, as also all orders entered on motion days, which or-
ders shall have the same force and effect, and the judge shall have the same power
to enforce the same, as if entered in term time.

Sec 5. That all recognizances taken before any justice of the peace within the
said county in any criminal proceeding, shall be taken returnable to the said court;
and said justice shall return all the papers in criminal cases, to the said court, hi
the same manner as is now required by law, to the circuit courts ; and all fines, pen-

37

578 APPENDIX.

alties and forfeitures, had or taken in any criminal proceedings whatsoever, shall
enure to the benefit of the said county.

Sec. 6. The clerk of the said court shall be appointed by the judge thereof,
and shall, before entering upon the duties of said office, make and file with the clerk
of the county commissioners' court, his bond with good and sufficient securities, to
be approved by the judge of the said court, to the people of the State of Illinois, in
the penal sum of five thousand dollars, conditioned, well, truly and faithfully to
perform the duties of his said office, and to pay over and account for all such sums
of money as may come into his hands by virtue of his office, and a new bond, with
further, other or additional securities, given whenever the judge of the said court
shall direct.

Sec 7. The grand and petit jurors of said court shall be selected by the county
commissioners' court of Jo Daviess county, in the manner provided by law for the
selection of jurors for the circuit court, and shall possess the same qualifications,
be liable for the same penalties and punishments, and have the benefit of the same
excuses and exemptions, and shall take the same oaths, and possess the same pow-
ers, and be governed by all their proceedings in the same manner as is prescribed,
allowed and imposed, in the case of jurors in the circuit court.

Sec 8. The sheriff shall perform the same duties, and have the same powers,
and be liable to the same penalties in the said court, as he may perform, has or may
be subject to, in the circuit court ; and there shall be elected by the legislature, a
prosecuting attorney for said county, who shall hold his office for the term of two
years, and until a successor is appointed and qualified.

Sec 9. The clerks, jurors, sheriff and other officers of said court, shall receive
the several fees and compensation that now are, or hereafter may be allowed for
similar services in the circuit courts of this State, to be received, collected and
paid in the same manner as such fees now are, or hereafter shall be. And the
judge of the said court shall receive a salary of five hundred dollars, and the prose-
cuting attorney one hundred dollars, to be paid quarterly out of the State treasury.
Sec 10. That the judge of the Cook county court is hereby required to hold
two terms of the Jo Daviess county court, annually, as follows, viz : On the first
Mondays in July and October, and until otherwise provided for by law ; and is
hereby vested with full jurisdiction as is given to the judge of* the Jo Daviess court
herein provided, for which said services, he shall be entitled to the compensation of
two hundred and fifty dollars per annum, to be paid out of the State treasury, any
part of this act, or any law to the contrary notwithstanding.

Approved: March 1, 1815.

[Amendatory to Chapter 29.]

APPENDIX. 579

ACT, NUMBER XII.

AN ACT RELATIVE TO CRIMINAL JURISPRUDENCE.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That from and after the passage of this act, where any person or
persons have been or shall be bound by recognizance to keep the peace, or for their
good behavior, and for appearance of the party in the circuit court, if the prosecutor
shall fail to appear and prosecute, or if, upon the hearing, it shall appear that the
prosecution was commenced maliciously, without reasonable or probable cause, the
court may, in its discretion, give judgment against the prosecutor for the costs of
prosecution and defence.

Approved: February 21, 1845.

[Amendatory to Chapter 29.]

ACT, NUMBER XIII.

AN ACT TO AMEND AN ACT, ENTITLED «AN ACT TO PREVENT THE UNLAWFUL DRIVING
AWAY OF CATTLE AND OTHER STOCK, BY DROVERS AND OTHER PERSONS ;» APPROVED,
FEBRUARY 3, 1841.

Section 1. Be it enacted by the People of the State of Elinois, represented in ttit
General Assembly, That whenever any drovers, or other person or persons, enga-
ged in herding or driving any horses, cattle, sheep, mules or hogs, in any part of
this State, shall permit any of the before named stock to remain with his or their
drove, for a longer period than two days and nights, at any one time, shall be sub-
ject to the same penalties which are imposed in the first section of the act to which
this is an amendment : Provided, That the penalties in relation to herding shall net
apply, except in cases where the same are confined within inclosures.

Sec 2. This act to take effect from and after its passage.

Approved : February 27, 1845.

[Amendatory to Chapter 36.]

5S0 APPENDIX.

ACT, NUMBER XIV.

AN ACT TO AUTHORIZE THE APPOINTMENT OF COMMISSIONERS IN OTHER STATES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
G&nzral Assembly, That the Governor of this State may appoint and commission,
in any other State or territory of the United States, one or more commissioners, to
continue in office during the pleasure of the Governor, who shall have power to ad-
minister oaths and to take depositions, and the proof and acknowledgment of deeds,
or other instruments to be used or recorded in this State.

Sec. 2. Before any such commissioner shall proceed to discharge any of the
duties of his said appointment, he shall take and subscribe an oath, before some
justice of the peace, or officer authorized to administer oaths in the State for which
he is appointed, that he will faithfully discharge the duties of his said appointment j
which oath shall be filed in the office of the secretary of State of this State.

Approved: March 1, 1845.

[Amexdatohy to Chapter 40.]

ACT, NUMBER XV.

AT* ACT TO AMEND AN ACT, ENTITLED «AN ACT REGULATING THE MODE OF TAKING DEPO-
SITIONS, .AND TO PROVIDE FOR THE PERPETUATING OF TESTIMONY;" APPROVED, FEB-
RUARY 9, 1827.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That whenever the deposition of any witness or witnesses is
desired to be read in evidence, in any civil cause depending in any court of this
State, whether in law or equity, in accordance with the provisions of the act to which
this is an amendment, when neither the adverse party in such cause nor his attor-
ney resides within the limits of this State, after affidavit of such non-residence
being filed in the clerk's office of the court of the county in which such cause is
pending. The notices provided for in the several sections of said act may be given
as follows : — Firstly, by posting said notices at the door of the court-house of the
county where said suit is pending, and filing interrogatories when required by said
act in the office of the clerk of said court, at least four weeks prior to the time of
suing out a commission or taking such depositions, as the case may be : or, Sec-
ondly, by publishing said notice in the nearest newspaper, for four weeks succes-

APPENDIX. 581

sively, prior to suing out a commission or taking depositions, as the case may be,
and riling interrogatories when required, as hereinbefore provided.

Sec. 2. That this act shall take effect and be in force from and after its passage.

Approved: March 1, 1845.

[Amendatory to Chapter 40.]

ACT, NUMBER XVI.

AN ACT TO REGULATE PRACTICE IN THE SUPREME AND CIRCUIT COURTS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the clerks of the supreme and circuit courts shall, in no
case, make a complete record, unless directed to do so by the court or one of the
parties: Provided, That the party desiring such record shall pay for the same. All
laws or parts of laws, coming within the purview of this act, are hereby repealed.

Approved: February 21, 1845.
[Amendatory to Chapter 41.]

ACT, NUMBER XVII.

AN ACT TO AUTHORIZE JUSTICES OP THE PEACE TO TAKE RECOGNIZANCES IN CERTAIN

CASES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That any justice of the peace before whom any person is brought,
on a complaint for any crime, misdemeanor or other offence, bailable by the laws
of this State, may take the recognizance of such persons with surety or sureties, in
a reasonable sum, for his appearance before said justice, for further examination, at
a future time, not exceeding ten days ; at which time and place, all subpoenas in the
case shall be made returnable.

Sec 2. That if the person thus recognized, shall not appear before said justice,

at the time appointed for further examination, as set forth in the recognizance, it

shall be the duty of said justice to note his default upon the record, and certify the

same recognizance with the record of the default in the performance of the condition

thereof, to the circuit court of his county, that a scire facias may issue thereon, or

an action of debt be brought for the recovery of the penalty.

Approved: March 3, 1845.
[Amendatory to Chapter 69.]

582 APPENDIX.

ACT, NUMBER XVIIL

AN ACT TO EXTEND THE JURISDICTION OF JUSTICES OF THE PEACE AND CONSTABLES IN
ACTIONS OF FORCIBLE ENTRY AND DETAINER, OR FORCIELE DETAINER ONLY.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That in all actions of forcibly entry and detainer, or forcible de-
tainer only, hereafter to be brought in this State, it shall be lawful for constables in
the respective counties where such shall be brought, to serve all process therein, and
who shall be entitled to the same fees and emoluments therefor as sheriffs are now
authorized by law to receive for similar services.

Sec 2. That when any such action shall be hereafter brought, the justice of
the peace before whom such suit shall be commenced, shall direct all process to be
issued therein to the sheriff or any constable of his county to execute ; and when
such process shall be issued and directed, it shall be at the option of the plaintiff and
defendant to give their respective process to the sheriff of the county, or to any con-
stable of the justice's district, to execute and return the same, any law now in force
in this State to the contrary notwithstanding.

Sec 3. This act to take effect from and after the first of April next.

Approved : February 25, 1845.

[Amendatory to Chapter 43 and 59. J

ACT, NUMBER XIX.

AN ACT TO LEASE THE PENITENTIARY.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the penitentiary of the State of Illinois, located at Alton, in
the county of Mudison, in said State, and the labor of the convicts now or hereafter
lo be confined therein, shall be and the same is hereby leased and granted to Samuel
A. Buckmaster, upon the following terms and conditions, to-wit : First: The said
lease herein authorized and granted, shall take effect and the term thereof commence
from and after the tenth day of June, A. D., one thousand eight hundred and forty-
five, and shall continue to the said S. A. Buckmaster, his executors, administrators
and assigns, for a period of eight years, from the commencement of the same, and

APPENDIX. 5S3

until the tenth day of June, A, D., eighteen hundred and fifty-three, unless sooner
avoided, for reasons specified in this act.

Szconl: The said lessee shall pay, annually, into the treasury of the State, a bo-
nus of five thousand and one hundred dollars, which said bonus shall be paid in gold,
silver, auditor's warrants, or in other State indebtedness, at its current value at the
time of paying the same ; the first payment of five thousand and one hundred dollars
to be made on the tenth day of June, A. D., eighteen hundred and forty-six ; and a
like sum of five thousand and one hundred dollars, per annum, on the tenth day of
June, of every year thereafter, during the continuance of said lease, and until the
entire rent herein stipulated for and reserved shall have been paid : Provided, That
the said bonus accruing for the last year of said term shall be paid in advance.

Third: The said lessee within one year from the commencement of the term
herein granted and authorized, shall apply the labor of one-fourth of the convicts
confined in said penitentiary, to the manufacture of hempen articles ; and within two
years from the commencement of the said term, the said lessee shall divert and apply
the labor of a majority of the said convicts to the said manufacture of hempen arti-
cles; and during the remainder of the said term, the labor of a major part of the con-
victs who may be from time to time confined in the said penitentiary, shall be applied
entirely and exclusively to the manufacture of hempen articles, and to no other em-
ployment or purpose whatever.

Fourth: The said lessee, in addition to the bonus hereinbefore prescribed, shall
pay the usual fees of the inspectors, shall furnish, at his own expense, the neces-
sary guards, shall feed and clothe the convicts, and furnish all necessary beds and
bedding for the cells, and all necessary bills of physicians, and shall save the State
harmless from all expense by reason of any of the items specified in this article.

Fifth: The said lessee shall enter into bond, conditioned to abide by and comply
with all the provisions of this act, so far as shall apply to the duties to be perform-
ed by the said lessee ; which bond shall be made to the people of the State of Illi-
nois, in the penal sum of twenty thousand dollars, with Washington Libby, Robert
Ferguson, Lansing T. Wells, Lewis J. Clanson, B. C. Webster & Co., James L.
Lamb, Win. Tyler Brown, or such of them as shall be approved and deemed suffi-
cient by the Governor, as his securities; which said bond shall be executed within
ten days after the passage cf this act, and shall be filed with the secretary of State,
and shall be renewable every two years, or oftener, if, in the opinion of the inspec-
tors, the securities become insufficient to secure the interests of the State, with such
securities as the Governor for the time being shall approve.

Sixth: The said lessee, his executors, administrators or assigns, shall be bound
by all the provisions of this act; and if at any time for a period of thirty clays after
the same shall become clue and payable, the yearly bonus, as herein provided, shall
remain unpaid, or the said lessee shall fail to comply with any of its substantial pro-
visions, the lease hereby granted shall therefor become forfeited: Provided, That
the said lessee and his securities shall not be released from the amount of any bonus
due at the time that the said penitentiary shall be resumed by the State, by reason
of said forfeiture, nor from any loss that may accrue to the State by reason of a less
bonus being obtained upon a re-letting of the same.

Seventh: The said S. A. Buckmaster, by virtue of this act, shall be warden of
the said penitentiary, and shall take an oath, possess all the right, and perform all
the duties of warden of the said penitentiary, as is now provided by law ; and all laws
not coming within the purview of this act, respecting the power of the inspectors and

584 APPENDIX.

the police and management of the said penitentiary, and such other laws, not incon-
sistent with the terms of this act, as the legislature may, from time to time, prescribe
for the welfare and reformation of the said convicts, shall be in force and binding
upon the said warden and lessee.

Eighth: If the said lessee shall be called upon by the State, during the term of
the said lease, to construct a warden's house, the said lessee shall be and hereby is
bound to construct the same complete, according to the original plan, for the sum of
three thousand dollars, to be deducted from the said sum of five thousand one hun-
dred dollars, accruing for the year when such warden's house shall be built.

Ninth: All laws coming within the purview of this act, and all laws that au-
thorize the inspectors of the penitentiary to lease the same and appropriate the pro-
ceeds of said lease to any purpose, are hereby repealed. This act shall be in force
from and after its passage.

Approved : March 1, 1845.

[Amendatory to Chapter 81.]

ACT, NUMBER XX.

AN ACT TO REGULATE THE SALARIES OF JUSTICES OF THE SUPREME COURT HEREAFTER

TO BE ELECTED.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the annual salary of each and every of the justices of the
supreme court of this State, who shall be elected or appointed after the passage of
this act, shall be one thousand dollars, and no more, any law of this State to the
contrary notwithstanding.

Sec. 2. All laws or parts of laws, inconsistent with this act, are hereby

repealed. This act to take effect and be in force from and after its passage.

Approved, February 12, 1845.
[Amendatory to Chapter 29 and 83.]

APPENDIX. 585

ACT, NUMBER XXI.

AN ACT TO PROMOTE A MORE FAITHFUL DISCHARGE OF THE DUTIES OF PROBATE JUSTICES
OF THE PEACE AND FOR OTHER PURPOSES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General jlssernbly, That it shall he the duty of each and every probate justice of
the peace in this State, to enter in the proper books of his office, a full and perfect
record of all orders, judgments or decrees, which shall be hereafter made by such
officer in the due course of his proceedings, when acting as, and discharging the du-
ties of probate justice of the peace.

Sec 2. If any such probate justice of the peace shall wilfully fail, neglect or
refuse to make, or cause to be made a full and perfect record of all such orders,
decrees or judgments made as aforesaid, within ten days from the time of making
the same, he shall be held, and taken to be guilty of a misdemeanor, and upon con-
viction thereof, shall be lined in any sum, not less than live, nor more than one hun-
dred dollars.

Sec. 3. This act, and also chapter 54 of the revised statutes, entitled "Interest,"
passed at the present session, shall take effect, and be in force from and after the
first day of May, eighteen hundred and forty-five, any law to the contrary not-
withstanding.

Sec 4. Section eighty of the act entitled "An act regulating the assessment and
collection of the public revenue," passed at the present session be, and the same is
hereby repealed.

Sec 5. The council of revision shall, on the approval of the revised statutes,
deliver the same to the superintendent, appointed in chapter ninety of the revised
statutes, who shall copy and certify the same, and with the same effect, as the sec-
retary of State is authorized to do, in said chapter. After the same are copied and
compared for publication, the enrolled chapters shall be then filed in the office of
the secretary of State. The sum of two hundred dollars is hereby appropriated to
said superintendent for copying the same for publication. The act to establish and
maintain common schools, shall take effect and be in force from and after its passage.

Approved, March 3, 1845.
[Amendatory to Chapter 54, S5, 89, 90 and 98.]

586 APPENDIX.

ACT, NUMBER XXII.

AN ACT TO AMEND «AN ACT TO PROVIDE FOR THE ELECTION OP PROBATE JUSTICES OP

THE PEACE."

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That all the entries which have been made, and which shall
hereafter be made, and all proceedings which have been had, or which may hereafter
be had, by probate justices of the peace, in the several counties of this State, in
taking and entering proof of wills and codicils, and recording the same, granting let-
ters testamentary and letters of administration, and recording the same, taking bonds
in all such cases, and recording the same, receiving and recording inventories and
sale bills, and all other entries and proceedings of such probate justices of the peace
of and concerning the settlement of estates of any deceased person, and the entries
and proceedings which have been, or which may hereafter be made or had, touch-
ing the duties of said probate justices, under the laws in reference to minors,
orphans and guardians, are hereby declared matters of record ; and all the entries
of proceedings which may have been, or shall hereafter be made, by the said pro-
bate justices of the peace, or copies thereof, duly certified by them, or either of
them, under the hand and seal of the said probate justice of the proper county,
shall be good evidence, where such evidence may be required, of such entries and
proceedings, in all the courts of law and chancery in this State, any law to the
contrary notwithstanding.

Sec. 2. And so much of the act entitled "An act to provide for the election of
probate justices of the peace," as requires transcripts of proceedings before pro-
bate justices, to be filed in the clerk's office of the circuit court, in order to be
used as evidence in any other State or territory, and so much as requires probate
justices to report their proceedings to the circuit courts of their respective. coun-
ties, for the approval or rejection of such circuit courts, is hereby repealed.

Sec 3. That in all cases where probate justices have failed to make such
report, it shall not be required ; but their record, or certified copies of the same,
shall be good evidence, as though the same had been reported to the circuit courts
of their respective counties, and approved by said courts.

Sec 4. That all rights acquired, or liabilities incurred, before this act takes
effect, are not to be affected by the passage of this act.

Sec 5. This act to take eilect and be in force from its passage.

Approved: March 1, 1845.

[Amendatory to Chapter 85.]

APPENDIX. 587

ACT, NUMBER XXIII.

AN ACT CONCERNING PUBLIC RECORDS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General .Assembly, That the commissioner appointed, or to be appointed by the coun-
ty commissioners' court of any county in the military bounty tract, in this State,
under an act approved February 12th, A. D., 1835, and an act approved February
27th, A.D., 1841, concerning the transcribing of certain records, is hereby author-
ized and required carefully to compare the transcript record with the records so
transcribed ; and if he find them to be correctly copied, he shall make a certificate
to that effect, under his hand and official seal of office, as such commissioner, at the
end of each volume of such copies, in lieu of the recorder of the county, having
charge of said records.

Sec. 2. So much of said recited acts as conflicts with the provisions of this act,
is hereby repealed. This act to be in force from and after its passage.

Approved: March 1, 1845.

[Amendatory to Chapter 87.]

ACT, NUMBER XXIV.

AN ACT TO AUTHORIZE RECORDERS TO APPOINT DEPUTIES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That section second of the act entitled "An act legalizing cer-
tain records in Greene county, and authorizing recorders to appoint deputies in cer-
tain cases," in force, January 24th, 1843, be, and the same is hereby repealed.

Sec 2. That the recorder in each county be, and he is hereby authorized to
appoint a deputy, who shall be sworn to discharge his duty faithfully, in the same
manner as the recorder is now sworn, and the acts of said deputy in recording any
writings authorized by law to be recorded, shall be deemed valid in all respects, as
if recorded by the recorder himself. The recorder shall, at the time of the appoint-
ment of said deputy, enter upon the records of his office the certificate of the ap-
pointment aforesaid.

Sec 3. Hereafter, the penalty of each recorder's bond, shall be in the sum of
not less than two, nor more than five thousand dollars, to be determined by the
county commissioners' court, taking the bond.

Approved : February 26, 1845.

[Amendatory to Chapter 87.]

588 APPENDIX

ACT, NUMBER XXV.

AN ACT CONCERNING THE REVENUE.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
Gmeral Assembly, That the thirty-second section of an act, approved, March sixth,
one thousand eight hundred and forty-three, entitled "An act to amend an act enti-
tled an act concerning the public revenue," approved, February 26, 1839; and "An
act supplemental to said act," approved, March first, 1839, be, and the same are here-
by repealed; and hereafter, all lands lying within the corporate limits of any town
or city, shall be subject to taxation, under the ordinance of said towns and cities
respectively, whether the same belaid out into town lots and the plats thereof recor-
ded, or not, any thing in the above recited section to the contrary notwithstanding.
Sec 2. This act shall be in force from the time of its passage.

Approved : February 11, 1845.
[Amendatory to Chapter 89.]

ACT, NUMBER XXVI.

AN ACT TO ENABLE FORMER AND LATE COLLECTORS OF THE REVENUE IN THE SEVERAL
COUNTIES OF THIS STATE TO- COLLECT ANY T AXES REMAINING DUE AND UNPAID.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Jlssembly, That all former or late collectors of the revenue in the several
counties of this State, who shall have failed to close their collections in accordance
with the provisions of the several statutes in such case made and provided, wheth-
er said revenue shall have been advanced and paid over to the county and State, or
not, are hereby authorized and empowered, at any time within five years from and
after the time provided by law for making final settlement, to collect all taxes and
assessments remaining due and unpaid on any lands, town lots or personal prop-
erty in their several counties.

Sec 2. The said collectors, in order to collect said taxes and assessments, are
hereby empowered to do whatsoever they might lawfully have done to enforce the
payment of the same, had the ordinary time for making such collections not trans-
pired ; and may sell at any regular time for selling lands for taxes in and for their
several counties, all lands and town lots, on which taxes remain due and unpaid,
and all rights accruing under such sales are hereby protected, and may be per-

APPENDIX. 589

fected as under ordinary sales for taxes : Provided, Public notice of the time and
place of sale shall be given, and proceedings conducted, in all respects as is now,
or may hereafter be required by law, in ordinary sales of lands for taxes.

Sec. 3. That no late or former collector, who has advanced the State or county
taxes upon any real estate, shall be authorized to sell such real estate tore-imburse
such taxes to himself, in any case where such real estate has changed owners since
the expiration of the period in which such taxes should have been collected : Pro-
vided, That this act shall not be so construed, as to extend the time provided by
law for collectors making final settlement, or to release them or their securities,
from any penalties or liabilities incurred.

Sec 4. This act to take effect and be in force from and after its passage.

Approved: February 10, 1845.
[Amendatory to Chapter 89.]

ACT, NUMBER XXVIL

AN ACT TO SAVE A PORTION OF THE REVENUE FROM BEING LOST.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That after the first day of January, in each and every year, it
shall be the duty of the auditor of public accounts, when any person applies to re-
deem a tract or lot of land which had been previously sold to the State for taxes,
to charge said person, in connection with former assessments, the same amount of
tax for the year in which the same is redeemed, as was assessed against the said
tract or lot the preceding year ; and no tract or lot of land, which has been sold to
the State for taxes, or which may be hereafter sold, shall be considered as redeemed
from the State, unless the tax for the year in which the same is redeemed, has been
paid, as well as all former taxes from the time of sale, to the State.

Sec 2. The auditor of public accounts shall, on the passage of this act, or as
soon thereafter as convenient, make out and transmit to the clerk of the county com-
missioners' court of each county in which lands may be situated, that have been re-
deemed since the first day of January, 1845, a list of all such lands so redeemed ;
whereupon, it shall be the duty of said clerks to make out a certified list of said
lands, so returned, and hand the same to the assessors of their counties, whose duty
it shall be to value the said lands, within fifteen days from the receipt of said list,
and return the same to the clerk from whom he received the same. The clerk
shall then deliver the said list to the collector of his county, who shall give his re-
ceipt for the same, and be accountable, upon his official bond, for the amount due
upon said list, and collect the same as other taxes are.

Approved: March 1, 1845.
[Amendatory to Chapter 89.] •

590 APPENDIX.

ACT, NUMBER XXVIII.

AN ACT TO AMEND THE SEVERAL LAWS ALLOWING ILLINOIS AND MICHIGAN CANAL LANDS
TO BE TAXED AND SOLD FOR TAXES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the assessment, either for State, county, city or town pur-
poses, upon all lands and town lots belonging to the Illinois and Michigan canal
fund, but which have been sold upon a credit, shall be made upon the basis of the
valuation of the property, as in other cases ; but the lien for said tax shall extend
only to the actual interest which has been paid for by the purchaser or purchasers,
together with the improvements thereon, and shall not extend to the interest of the
State in said lots and lands.

Sec 2. That if the taxes upon the said property assessed as aforesaid, shall
not be paid according to law, and it shall be necessary to sell the same for taxes,
such sales shall extend to the interest paid for as aforesaid and all improvements
thereon ; the fee-simple title to said property still remaining in the State ; such sale
shall be deemed to transfer only such interest as the purchaser or person against
whom the taxes is assessed, had in the premises and improvements aforesaid, sub-
ject, however, to the right of redemption, as in other cases.

Sec 3. That all sales heretofore made for taxes due and unpaid upon said pro-
perty, shall be considered within the purview of this act, and all deeds hereafter
to be made, by virtue of any such sale, shall convey only the interest of the original
purchaser or purchasers, or his assignee or assignees ; and shall vest all the right,
title and interest of said purchaser or purchasers, or his or their assignee or as-
signees in the said property as aforesaid, and to all improvements thereon.

Sec 4. It shall be the duty of all assessors to describe particularly in their as-
sessment rolls, all such canal lands as may be taxed, which have been sold by the
State but not paid for, particularly describing the interest upon which the assess-
ment is made; and the officer selling the same for taxes, shall, within twenty days
after any such sale, file with the proper officers of the canal board, a particular de-
scription of the canal lands so sold, together with the date of said sale.

Sec. 5. The purchaser at any such tax sale, shall have the right to continue
the payments agreed by the original purchaser or claimant to be paid to the State,
until the expiration of the time limited for the redemption of the same ; and until
which time, the original purchaser or claimant shall have a right to redeem the
same by paying, in addition to the sums now required by law, the further sums,
with legal interest thereon, which the purchaser at such tax sales may have paid
to the State in fulfilment of the original purchase ; and after the expiration of such
time of redemption, the said lands and lots, not having been redeemed, the purcha-
ser at such tax sale shall have the right to make full payment, according to the
terms of the original purchase, and shall be entitled to a patent for such lands or
lots, the same as if he had been the original purchaser.

AFFEr\F)IX. 591

Sec. 6. In making payments for the purpose of redeeming such lands or lots
as aforesaid, all sums of money or scrip advanced by the purchaser at tax sales, in
continuation of the payments required of the original purchaser or claimant, shall
be made at the canal office in cold or silver.

[Amendatory to Chapter 89.]

Approved : January 29, 1845.

ACT, NUMBER XXIX.

AN ACT IN RELATION TO THE REVISED STATUTES.

Section 1 . Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the several chapters composing the Revised Statutes, to be
furnished at the present session of the General Assembly, shall be deemed and ta-
ken as one act; and no part thereof shall become a law, until such time as shall be
designated and provided for in the same ; and no part thereof shall become a law or
be published, until the whole is finished.

Approved: February 26', 1845.
[Amendatory to Chapter 90.]

ACT, NUMBER XXX.

AN ACT TO AMEND AN ACT ENTITLED AN ACT CONCERNING PUBLIC ROADS, APPROVED

FEBRUARY 20th, 1841.

Section 1, Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the county commissioners' courts of the several counties in
this State, at their March term, annually, shall fix and cause to be entered upen the
records of their courts, a certain number of days, not exceeding two, nor less than one,
that each and every able bodied man between the ages of twenty-one and fifty years,
shall labor upon some public road within the county, during the year; and it shall
be the duty of the clerk of said court to append the number of days fixed as afore-
said, to the notice of each supervisor appointed in said county.

Sec. 2. The county commissioners' court of each and every county, in addition
to the work required in the preceding section, may, at their March term, annually,
assess a road tax of not more than twenty cents, on each hundred dollars' worth of
taxable property, real and personal, or either, in their counties : and a column in
the tax book shall designate the amount of such road tax due from each person,

592 APPENDIX.

from whom the same is to be collected : Provided, That said court, in counties
where the same is deemed necessary, may assess such road tax for the year eigh-
teen hundred and forty-five, at their June session.

Sec. 3. The clerk of the commissioners' court, immediately on the return of
the assessor's book, shall make out a list of the names of all persons owing road
tax, in each road district in the county, with the amount of tax due from each per-
son, ascertaining the road district to which such person properly helongs ; which
list shall be, by said clerk, handed to the sheriff, and by him delivered to the res-
pective supervisors ; and any clerk or sheriff who shall fail or neglect to perform
the duties required in this section, within the time given to each, as specified in the
fourth section of the act to which this is an amendment, for serving notices on su-
pervisors, shall be liable to the penalties stated in said section.

Sec. 4. The tax list being placed in the hands of the supervisor, he shall notify
each person residing in said supervisor's district, of the amount due, and that the
same may be discharged in labor on the road, and shall thereupon request payment
in money or labor, first notifying such person of the time and place to attend and
work the same out at the rate of seventy-five cents per day, bringing Avithhim such
tools as may be directed by the supervisor; the labor to be performed by the prin-
cipal or a substitute equally able, working at least eight hours each day : and if
such person shall spend the time in idleness, be turbulent, or disobey the supervi-
sor, he shall be discharged from the road, and the balance due shall be collected
writh twenty-five percent, advance: Provided, All money collected by supervisors
for road purposes, shall be disbursed on some road within their district.

Sec. 5. When any person or persons desire a change or relocation of any State
or county road now located, or hereafter may be located, and the whole distance
proposed to be changed does not exceed three miles, the petitioners applying for the
same shall deposit with the county commissioners' clerk a sum of money sufficient
to pay for viewing and surveying said road ; and on the return of such report, the
clerk shall pay for the same with the money before deposited, whether the report
be favorable or unfavorable to the change or relocation.

Sec 6. In all cases where a petition is presented to the county commissioners'
court, praying for a change, alteration, location or vacation of a county road, as
provided for in the act to which this is an amendment, if there shall be remonstran-
ces presented against granting the same, it shall be the duty of said court to give
due consideration both to the petition and remonstrance, and grant or refuse the
prayer of such petitioners, as in their discretion shall be just and proper.

Sec 7. Supervisors, for each and every day necessarily employed over and
above their road tax, due for road purposes, shall be allowed seventy-five cents per
day for each and evevj day necessarily employed to carry out the provisions of this
act, or the act to which this is an amendment ; said money to be paid out of the
county treasury, on settlement, under oath, with the county commissioners' court:
Provided, No supervisor shall be allowed pay for a day's work, when he works
with less than ten hands, unless said supervisor's district does not contain as many.

Sec 8. Sections fourteen, sixteen, eighteen and nineteen, of an act concerning
public roads, approved, February 20, 1841, together with all other parts of said act,
as well as of an act to authorize county commissioners' courts to assess taxes for
road purposes, approved, March 4, 1843, are hereby repealed. This act to take
effect and be in force from and after the first day of June next.

APPENDIX. 593

Sec 9. In all cases where supervisors, under the provisions of this act, fail or
refuse to comply with the law in relation to supervisors, suits may be commenced
against them before justices of the peace of their counties, who shall have juris-
diction in all cases when the fines or forfeitures do not exceed one hundred dollars.

Approved : February 28, 1845.
[Amendatory to Chapter 93.]

ACT, NUMBER XXXI.

AN ACT MAKING CERTAIN FORDS A PART OF PUBLIC ROADS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That in all cases where any public road in this State shall cross
any stream of water, by means of a ferry, which stream, for any part of the said
year, shall be fordable, that is to say, of not more than two and a half feet in deDth
of water in the main channel thereof, the said ford, together with the banks of said
stream, leading thereto, on either side thereof, and that part of the road leadino-
from the main road to said ford, provided the same be no further than four hundred
yards from the said ferry, shall be in all respects a part of the said public road.

Sec 2. When the said ford shall be not more than two and a half feet in depth
of water, it shall be the duty of the overseers of the said road, on either side of
the said stream, to keep the said ford, and the roads and banks leading thereto, in
good order for carriages to pass the same.

Sec. 3. If any person or persons shall build any dam across such stream, there-
by raising the water of such ford (unless the same be built for some useful pur-
pose) or shall place or cause to be placed in such ford, any legs, brush, rock or of her
obstructions whatever, he, she or they, so offending shall pay a fine of twenty dol-
lars, for every such offence, to be recovered before any justice of the peace, in the
county or counties where such ford may be, at the suit of any person who may see
cause to sue for the same ; and shall, moreover, pay double damages to any person,
who shall be injured by such obstruction.

Approved : February 26, 1845.

[Amendatory to Chapter 93.]

594 APPENDIX.

ACT, NUMBER XXXII.

AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO SUBSCRIBE FOR CERTAIN PERIODI-
CAL WORKS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That the secretary of State is authorized and required, in be-
half of the State of Illinois, to subscribe for Niles' Register, Silliraan's Journal,
and the North American Review, and purchase the back numbers of said works
that are not now in the State Library, and pay for the same out of any moneys not
otherwise appropriated.

Sec. 2. It shall be the duty of the secretary of State, to receive and preserve the
said works, and have them bound in the same form that the remaining numbers are
bound, and place them in the State library, subject to the care of the librarian.

Sec 3. The secretary of the State is authorized to continue said subscriptions,

until otherwise directed by law.

Approved: February 21, 1845.
[Amendatory to Chapter 96.]

ACT, NUMBER XXXIII.

AN ACT SUPPLEMENTARY TO AN ACT TO ESTAELISH AND MAINTAIN COMMON SCHOOLS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the

General Assembly, That trustees of schools in townships, shall be exempt from

military duty and road labor, during their continuance in office as trustees.

Approved: March 1, 1845.
[Amendatory to Chapter 98.]

APPENDIX. 595

ACT, NUMBER XXXIV.

AN ACT TO FACILITATE THE COLLECTION OF DEBTS BY EXECUTORS AND ADMINISTRATORS.

IN DESPERATE CASES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That upon suggestion made by an executor or administrator, to
the court of probate, that any claim, debt or demand whatever, belonging to the
estate in his hands to be administered, and accruing in the lifetime of the decedent
represented by such executor or administrator, is desperate on account of the in-
solvency or doubtful solvency of the person or persons owing the same ; or on ac-
count of the debtor having availed himself of the late bankrupt law of the United
States ; or on account of some legal or equitable defence which such person or
persons may allege against the same ; or for the cause that the smallness of such
claim, debt or demand, and the difficulty of finding the debtors, owing to the remote-
ness of their residence, or such executors or administrator's ignorance of the same,
the said court may order such claim, debt or demand, to be compounded or sold, or
to be filed in the said court for the benefit of such of the heirs, devisees or credi-
tors of such decedent, as will sue lor or recover the same, giving the creditors the
preference if they or any of them apply for the same before the final settlement of
such estate: Provided, That no order for the sale or compounding of any such debts,
claims or demands, or any of them, shall be made until four weeks' public notice
shall have been given to all whom it may concern, of the time and place, when the
said order will be applied for ; which notice shall be given by the administrator or
executor, in some public newspaper, printed in the county where such application
shall be made, if any there be, and if no such newspaper shall be printed in said
county, then by posting up such notices in some public places in said county, not
less than three, of which one shall be the door of the office of the said probate
justice of the peace ; which said notices shall be for four weeks as aforesaid, pre-
vious to the time of said application : And, provided further, That the said execu-
tor or administrator, as the case may be, shall report to the said probate justice of
the peace, the terms upon which he has settled or disposed of any such claim, debt
or demand, for his approval.

Sec. 2. And if such claim be compounded or sold, such executor or administra-
tor shall be chargeable with the avails of such compounding ; and if the same be
taken by any of the said creditors, heirs or devisees aforesaid, he, she or they may
maintain an action for the recovery thereof in the name of such executor or execu-
tors or administrators, for his, her or their own use ; and upon recovering the
same, or any part thereof, he, she or they shall be chargeable therewith, after de-
ducting his claim or distributive share, with reasonable compensation for collecting
the same ; and upon such suits, the executor or administrator shall not be liable for
costs.

Approved: March 1, 1845.
[Amendatory to Chapter 109.]

598 APPENDIX.

ACT, NUMBER XXXV.

AN ACT RESPECTING THE PROBATE OF WILLS.

Section 1. Be it enacted by the People of the State of Illinois, represented in tht
General Assembly, That hereafter, when probate of any will and testament shall
have been refused by any probate justice of the peace, and an appeal shall have
been taken from the order or decision of the said probate justice refusing to admit
the said will to probate, into the circuit court of the proper county, as now provi-
ded by law, it shall be competent for the party seeking probate of the said will, to
support the same on hearing, in the said circuit court, by any evidence which would
be competent, in case probate of said will had been allowed and the same were af-
terwards contested under the fifth section of "An act relative to wills and testa-
ments, executors and administrators, and the settlement of estates," approved, Feb-
ruary 3d, 1829; and the said will, having been so proved, upon said appeal, shall
be admitted to probate, liable however, to be subsequently contested, as is now
provided in case of wills admitted to probate in the first instance.

Sec 2. This act shall be in force from and after its passage.

Approved: February 25th, 1845.
[Amendatory to Chapter 109.]

ACT, NUMBER XXXVI.

AN ACT AUTHORIZING ADMINISTRATORS AND EXECUTORS FROM OTHER STATES, TO PROSE-
CUTE SUITS IN THIS STATE.

Section I. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That when any person or persons have obtained, or may obtain
administration on the estate of any intestate, in any one of the United States, or
territory thereof, such person or persons shall be enabled to prosecute suits in any
court in this State, in the same manner as if administration had been granted to such
person or persons by virtue of the laws of this State : Provided, That such person
or persons shall produce a copy of the letters of administration, authenticated in the
manner which has been prescribed by the laws of Congress of the United States,
for authenticating the records or judicial acts in any one State, in order to give them
validity in other States, and that such letters of administration had been granted in

APPENDIX. 597

pursuance of, ana agreeably to the laws of the State or territory, in which such let-
ters of administration were granted : Provided, That said administrator, executor or
other representative, shall give a bond for costs, as incase of other non-residents.

Sec. 2. When any executor or executors have proved or may prove, the last
will and testament of any deceas d person, and take on him or themselves, the exe-
cution of said will, in any State in the United States, or in any territory thereof,
such person or persons shall be enabled to prosecute suits in any court in this State,
in the same manner, as if letters testamentary had been granted to him or them,
under the provisions of the laws of this State : Provided, That such executor or ex-
ecutors shall produce a certified copy of the letters testamentary, under the seal of
the court where the same were obtained ; and a certificate of the presiding officer of
such court, that the clerk's certificate is in due form, and that such letters had. been
granted in pursuance of, and agreeably to, the laws of the State or territory in which
such letters testamentary were granted.

Sec. 3. That nothing in this act contained, shall be so construed, as to apply to
cases where administration had been, or may be obtained upon the estate of any in-
testate, by virtue of, or under the provisions of the laws of this State in relation to
administrations, nor where letters testamentary may be, or may have been granted,
in accordance thereto : And when, after any suit or suits commenced, or to be com-
menced by any administrator or administrators, executor or executors, under the
provisions of the first and second sections of this act, and pending the same, and
before final judgment thereon, administration shall be had, or execution undertaken
within this State, under the laws of the same, upon the estate of any decedent,
upon suggestion of such fact, entered of record, the said resident administrator or
administrators, executor or executors, shall, upon motion, be substituted as parties
to said suit or suits ; and thereupon, the court shall proceed to hear and deter-
mine the same, as if it or they had been originally instituted in the name of the
said resident administrator or administrators, executor or executors ; and the bene-
fits of said judgment or judgments, shall enure to him or them, and be assets in
his or their hands.

Sec 4. That this act shall take effect and be in force, from and after its passage.

Approved : March 3, 1845.

[Amendatory to Chapter 109.]

ACT, NUMBER XXXVII.

AN ACT TO AMEND AN ACT RELATIVE TO WILLS AND TESTAMENTS, EXECUTORS AND AD-
MINISTRATORS, AND THE SETTLEMENT OF ESTATES.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That when any person shall die intestate, leaving a widow, said
widow, in addition to the property described in the forty-fourth section of the act
to which this is an amendment, shall be allowed to retain, as her sole and separate
property, one pair of cards, two spinning-wheels, one weaving-loom and its appen-

598

APPENDIX.

dages, one stove and the necessary pipe therefor: Provided, The same shall be
in use, or put up for ready use, in any house occupied by such widow ; also, two
heads of sheep for each member of her family under twenty-one years of age, and
the fleeces of the said sheep, together with all the yarn and cloth that may be man-
ufactured from the same; which said property shall be set apart to the widow, by
the administrator, and shall in no case be subject to the debts of her deceased
husband.

Sec 2. In all cases where the intestate, at his death, shall leave no property of
the kind and description mentioned in the first section of this act, the widow shall
be entitled to retain other property of equal value, or the value of the same in
money ; and it shall be the duty of the administrator or judge of probate, to allow
the value of the articles specified, to be set apart to the widow of any intestate,
either in money or other personal property, at her election, any law to the contrary
notwithstanding.

Sec. 3'. Be it further enacted, That when, at the time of the passage of this act,
the property described in the forty-fourth section of the act to which this is an
amendment, shall not have been set apart to the widow, it shall be the duty of
every and any administrator to set apart to her the same, or the value thereof, to-
gether with the property mentioned in the first section of this act, or the value of
the same, as by this act directed.

Sec. 4. When the person dying intestate shall, at the time of his death, be a
housekeeper, the head of a family, and shall leave no widow, there shall be allowed
to the children of the intestate, residing with him (including all males under eigh-
teen years of age, and all females,) at the time of his death, the same amount of
property as is allowed to the widow by this act, and the act to which this is an
amendment.

Sec 5. Be it farther enacted, That where any person shall die, leaving a will,
and it shall be suspected by the probate justice, that the estate shall be insufficient
for due payment of debts, or only sufficient for that purpose, so that the^egacies in
said will can not be paid, the property allowed to the widow and family of an intes-
tate shall be, on order of the probate justice, reserved from the payment of debts for
one year ; and if, at or before the expiration of that time, the widow or family, (as
described in the foregoing section,) of the deceased, shall prefer to take the property
allowed the widow and family, by this and the act to which this is an amendment,
and relinquish the provision made for them by said will, she or they shall have the
right to do so, by filing with the probate justice a writing, signifying such choice.

Sec 6. This act to take effect and be in force from and after its passage.

Approved, February 21, 1845.
[Amendatory to Chapter 109.]

APPENDIX. 599

ACT, NUMBER XXXVIIL

AN ACT TO AMEND « AN ACT AUTHORIZING COUNTIES TO GIVE A BOUNTY ON WOLF
SCALPS;" APPROVED, FEBRUARY FIFTEENTH, ONE THOUSAND EIGHT HUNDRED AND
FORTY-THREE.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That so much of the first section of "An act authorizing coun-
ties to give a bounty on wolf scalps," approved, February fifteenth, one thousand
eight hundred and forty-three, as limits the payment of bounties on wolf scalps to
the age of the wolf, be, and the same is hereby repealed ; and that hereafter, the
county commissioners' courts of the several counties in this State, may determine,
as now provided by law, what bounties shall be paid for wolf scalps taken from
wolves of any age.

Sec 2. Hereafter, upon the proper oath being made before the clerk of the
county commissioners' court, or justice of the peace of the proper county respec-
tively, the said clerk or justice of the peace shall issue their certificates to tke per-
sons entitled thereto, which certificate, when issued, shall be received by the col-
lector of the proper county for county taxes.

Sec 3. It shall be the duty of the several clerks of the county commissioners'
courts to keep a true and perfect record of the amount of certificates issued as a
premium for wolf scalps, to whom, and at what date, and lay the same before their
respective courts at each regular meeting thereof.

Sec 4. This act shall be in force from and after its passage.

Approved : February 25, 1845.

[Amendatory to Chapter 110.]

ACT, NUMBER XXXIX.

AN ACT TO PROVIDE FOR PAYING A PORTION OF THE INTEREST ON THE STATE DEBT.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That there shall be levied for the year one thousand eight hun-
dred and forty-five, one mill upon each dollar's valuation of property, transferred
from the county to the State tax, so that there shall be assessed and collected for
the year one thousand eight hundred and forty-five, three mills on each dollar's val-
uation of property ; and for the year one thousand eight hundred and forty-six,

600 APPENDIX.

there shall be assessed and collected, three and one-half mills on each dollar's val-
uation of property ; and that shall be the permanent rate of taxation, until other-
wise provided by law : and the county commissioners' courts shall not hereafter
assess for county purposes, any higher tax than four mills on the dollar, except in
cases where they are or may be specially authorized to do so by law.

Sec 2. The proceeds of one mill of the tax for the year one thousand eight
hundred and forty-five, and one and one-half mills for one thousand eight hundred
and forty-six, and forever thereafter, until otherwise provided by law, (together
with all surplus money in the treasury, after paying the expenses of the govern-
ment,) shall be set apart and sacredly held for the payment of the interest on the
State debt, and shall be called the "Interest Fund."

Sec 3. The Governor is hereby directed, out of the proceeds of one mill, and
one and a half mills, and surplus money, if any there should be, to make semi-an-
nual payments of interest, commencing on the first day of July, one thousand eight
hundred and forty-six, and semi-annually thereafter, on the first days of July and
January of each year, pro rata, on all the canal bonds, and the internal improve-
ment bonds, except the bonds heretofore hypothecated to McAllister and Stebbins ;
and the additional tax of one mill for the year one thousand eight hundred and forty-
five, and one and one-half mills thereafter shall be collected by the several collec-
tors, and paid into the treasury, in gold and silver; and a separate account thereof
shall be kept in the office of the auditor and treasurer; and auditor's warrants shall
not be received therefor; and if the treasurer or any other public officer shall ap-
propriate the same, or knowingly suffer the same to be appropriated or drawn from
the treasury for any other purpose than that provided by this act, he or they shall
be deemed guilty of embezzlement, and shall be indicted and punished accordingly ;
and on conviction shall be removed from office.

Approved, March 1, 1845.

ACT, NUMBER XL.

AN ACT SUPPLEMENTAL TO « AN ACT TO PROVIDE FOR THE COMPLETION OF THE ILLINOIS
AND MICHIGAN CANAL, AND FOR THE PAYMENT OF THE CANAL DEBT;" APPROVED,
FEBRUARY TWENTY-FIRST, ONE THOUSAND EIGHT HUNDRED AND FORTY-THREE.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That after the contract for the loan of one million six hundred
thousand dollars, as contemplated in the act, entitled " An act to provide for the
completion of the Illinois and Michigan canal, "and for the payment of the canal
debt," approved, February twenty-first, one thousand eight hundred and forty-three,
shall be duly executed, in all respects, as is provided by the terms of the above re-
cited act, as modified by the provisions of this act, and the trustees are appointed,
as is contemplated in said act, the Governor of this State shall execute and deliver,
under the seal of State, a deed of trust to the said trustees, of all the property and

APPENDIX. 601

effects mentioned in the tenth section of said act; which said conveyance shall in-
clude the lands and lots remaining unsold, donated by the United States to the State
of Illinois, to aid in the completion of the said canal; to be held in trust as in the
said act stipulated. And it is expressly provided, that the subscribers to said loan
may, and shall register their bonds or other evidences of indebtedness, upon which
they may have made or may hereafter make their subscriptions, within one year
after the appointment of trustees. And the said subscribers shall be entitled to
priority in the payment of the respective advances to be made by them, and the in-
terest thereon; also, a priority in the payment of the principal and interest of the
bonds or other evidences of indebtedness to be registered by them, out of the pro-
ceeds of the said trust property ; any thing in the said act above mentioned to the
contrary notwithstanding.

Sec. 2. The majority of the said board of trustees, shall have power and au-
thority to act and decide in all cases, and their acts shall bind all parties ; and in
appointing the said trustees, each subscriber to the said loan shall be entitled to one
vote for each sum of three hundred and twenty dollars subscribed ; and such elec-
tion may be held in the city of New York, under the direction of the district judge
of the United States for that district, or such person as he for that purpose may ap-
point.

Sec. 3. In case a sufficient sum shall not be subscribed or paid to complete said
canal, the said subscribers shall share, pari passu, with other persons, who may
subscribe and pay the residue of the amount necessary to complete the canal : Pro-
vided, That the subscribers to said loan shall have the right to subscribe and fill up
the amount necessary to finish said canal, in the first instance; and if they neglect
so to do, then any other person may subscribe such amount: And, provided further,
That such subscribers may register bonds upon such subscriptions, as hereinbefore
provided, within one year after such subscriptions.

Sec 4. When the amount due for arrears and difference of interest on the re-
gistered bonds and other canal indebtedness shall be extinguished, then the princi-
pal of said registered bonds and canal indebtedness shall be paid, and when the said
principal shall have been paid, the said trustees shall proceed to pay the interest on
the unregistered canal bonds and canal indebtedness.

Sec 5. The preliminary expenses of the negotiation of said contract, with the
expenses of the examinations of the canal property by the agents appointed by the
authority of the bond-holders, shall be first paid by the said trustees, unless some
other provision for their payment be made by the General Assembly. But no fur-
ther expense shall be incurred by the State, by sending agents to Europe or else-
where, in relation to the matter.

Sec 6. If the said canal shall not be completed within three years, as is con-
templated in the fourth section of the above recited act, the subscribers to said loan
who shall have advanced money in pursuance of their subscription, shall not forfeit
the priority of payment secured to them by this act, but shall share in the trust
property, pari passu, with such other persons as will advance further sums if such
should be necessary to complete the canal.

Approved: March 1, 1845.

[Amendatory to Act 4S, page 608.]

602 APPENDIX.

ACT, NUMBER XLI.

AN ACT TO AMEND AN ACT, ENTITLED « AN ACT TO PROTECT THE CANAL LANDS AGAINST
TRESPASSES;" APPROVED, MARCH 4, 1837; AND AN ACT TO AMEND AN ACT, ENTITLED
"AN ACT TO PROTECT THE CANAL LANDS AGAINST TRESPASSES ;» APPROVED, FEBRUARY
26, 1839.

Section 1. Be it enacted by the People of 'the State of Illinois, represented in the
General, Assembly, That for the purpose of more effectually protecting the canal
lands against trespasses, the acting commissioner of the Illinois and Michigan canal,
shall, immediately upon the passage of this act, appoint such agent or agents as may
be necessary, to protect the canal lands and property; who shall possess all the
powers and perform all the duties specified in the acts to which this is an amend-
ment, except as hereinafter otherwise provided.

Sec. 2. Each of said agents shall receive, as a compensation for his services,
the sum of two dollars per day, for every day he may be actually employed in per-
forming the duties of such agent, to be paid out of the proceeds of the sales of down
or fallen timber and wood, and judgments recovered under the provisions of this
act, and the act to which this is an amendment: Provided, The aggregate amount
paid to such agents, shall not exceed the amount heretofore paid to the single agent
employed for that purpose.

Sec 3. Each of the said agents, before entering upon the duties of his office,
shall execute a bond to the State of Illinois, in the penalty of five hundred dollars,
with one or more securities, to be approved by the acting commissioner of the Illi-
nois and Michigan canal, conditioned that he will, well and .faithfully execute all the
duties required of him by law, and make full and true account and payment to the
said acting commissioner, or such person or persons as may have charge of the
affairs of said canal, of all moneys received by him as such agent ; which said bond
shall be filed and kept in the canal office.

Sec 4. If any person shall cut, fell, box, bore, injure or destroy any tree or
sapling of any description, standing or growing upon canal land, he or she so offend-
ing, shall pay five times the value of every tree or sapling, so cut, felled, boxed,
bored, injured or destroyed, to be recovered by action of debt in the name of the
State of Illinois, before any circuit court or justice of the peace having jurisdic-
tion of the amount claimed; and shall also be liable to be indicted and punished ac-
cording to the provisions of an act, entitled "An act to prevent trespassing on the
canal lands of this State," approved, February 9, 1835.

Sec 5. If any person shall wilfully and knowingly receive or use any tree,
timberor wood, of any description, except trees down or fallen timber or wood, as
authorized to be sold under the provisions of the law of this State for the protec-
tion of canal lands, he or she shall be liable to pay for every tree, timber or wood
so purchased, received or used, five times the value thereof, to be recovered by ac-

APPENDIX. 603

tion of debt in the name of the State of Illinois, before any circuit court or justice
of the peace having jurisdiction of the amount claimed.

Sec 6. If any person shall, without permission from the acting commissioner
or agent of the said canal lands, take or remove from the canal lands, any rock, stone
or coal, he or she so offending, shall pay five times the value of such rock, stone or
coal, so taken or removed as aforesaid, to be recovered as provided in the foregoing
sections ; and shall, moreover, be liable to be indicted and punished in accordance
with the provisions of the act, entitled " An act to prevent trespasses on the canal
lands of this State," approved, February 9, 1835.

Sec. 7. If any person or persons shall wilfully remove, injure or destroy any
materials furnished for the construction ot the canal, or any machinery surrendered
to the State by contractors ; or shall in any manner injure the canal or the em-
bankments, walls or structures thereof, he, she or they, shall be liable to pay five
times the amount of the damage occasioned thereby, and shall moreover be subject
to indictment; and on conviction, shall be fined in any sum not more than two hun-
dred dollars, or imprisoned, not exceeding ninety days, or both, at the discretion
of the court.

Sec. 8. It shall be the duty of the judges holding courts in the counties of
Cook, Will, Grundy and La Salle, to give the provisions of this act in especial
charge to the grand juries of said counties respectively ; and all justices of the
peace and constables of said counties, are hereby required to cause this act to be
enforced as far as the same lies in their power.

Sec. 9. The actions commenced in the circuit court under the provisions of
this act, and the act to which this is an amendment, shall not be dismissed on ac-
count of any error, defect or emission in the pleadings or process, but the act en-
titled "An act concerning amendments and jeofails," approved, January 11th, 1827,
shall be deemed applicable to such actions, and no suits commenced as aforesaid
shall be dismissed because prosecuted by persons other than States' attorneys or the
attorney general.

Sec. 10. That for the purpose of carrying this act into effect, the acting com-
missioner of the said canal shall have all the powers conferred upon the board of
commissioners, by the acts of which this is amendatory, and he shall require the said
agents to make report of their proceedings to him at such times as he shall appoint
therefor, under oath, stating the amount of money he has received for the use of
the State under the provisions of this act, for what and of whom he has received
the same, the amount of judgments that have been received, and from whom, and
the number of days he has been actually engaged in such business.

Sec. 11. That so much of the act entitled, "An act to protect the canal lands
against trespasses," approved, March fourth, one thousand eight hundred and thirty
seven, and the act entitled, "An act to amend an act to protect the canal lands
against trespasses," approved, February twenty-sixth, one thousand eight hundred
and thirty-nine, as comes in contact with the provisions of this act, be, and the
same is hereby repealed ; but all suits commenced under the provisions of the
above recited acts, and now pending, shall be prosecuted to judgment in accordance
with the provisions of said acts ; and trespassers on canal lands prior to the pas-
sage of this act, against whom no suits have been commenced, may be prosecuted
as heretofore provided by law.

Sec. 12. The acting commissioner is hereby authorized and directed to sell
and dispose of all refuse stone, timber and all other materials and machinery be-

604 APPENDIX.

longing to the State, which is not to be used, or which are, in his opinion, unsuitable
to be used in the construction of the canal ; which sale shall be made lor the highest
prices which he can obtain therefor, either at public or private sale, and to be sold
for gold and silver, or canal indebtedness.

Sec 13. It shall be the duty of the canal commissioner, or other authorized
agent of the State having charge of the canal and canal property, on the first Wed-
nesday of April next, and annually thereafter, to offer for sale at public auction, at
the canal office in Lockport, all lands and town lots except the town lots in the city
of Chicago, which shall be sold in said city as soon as may be after the sale of
lands and other town lots at Lockport, which have been heretofore sold and forfeited,
and which may be hereafter forfeited to the State by the non-payment of instalments,
or interest. Said commissioner or agent, shall give at least thirty days' notice of
such sale, by publishing a description of the lands and lots to be offered for sale, in
a newspaper, printed in Ottawa, and at least one of the papers printed in Chi-
cago. Said lands and lots shall be sold in conformity with the general provisions
of "An act to amend the several laws in relation to the Illinois and Michigan ca-
nal," approved, February twenty-third, eighteen hundred and thirty-nine : Provi-
ded, Said lands and lots shall not be sold for less than their value as heretofore ap-
praised : And, provided further, That it shall be lawful for any person to redeem
such lands or lots by making payment of the instalment or interest due, at any time
previous to the day of sale.

Sec. 14- This act to take effect from and after its passage.

Approved, February 27, 1845.

ACT, NUMBER XLII.

AN ACT TO PROVIDE FOR THE DONATION OP LOTS, IN TOWNS SITUATED ON CANAL LANDS

TO PUBLIC PURPOSES.

Section 1. Be it enacted by the People of the State- of Illinois, represented in the
General Assembly, That any religious society to whom a lot has been donated or
granted under the "Act to provide for the dedication of lots, in towns situated on
canal lands, to public purposes," for the purpose of erecting a house of worship
thereon, shall have the right to erect a parsonage and school-house upon such lot,
and to use such parts thereof as may not be immediately occupied by the house of
worship, for such parsonage, school-house and garden, and yard connected there-
with.

Sec. 2. That any such religious society, which finds it more convenient to oc-
cupy for worship some other lot or building until the said society is able to erect a
suitable house of worship upon such lot so donated or granted as aforesaid, shall
have the right to lease the said lot to any person or persons, to be occupied as the
lessee or lessees shall desire, until such time as such society may be able to build

APPENDIX. 605

thereon : Provided, That the rents received therefrom shall he expended in im-
proving said lot, or for the purposes of said society.

Sec. 3. Nothing in this act, or the one to which this is an amendment, shall be
s o construed as to cause such society to forfeit such lot, or said lot to revert to the
State, by reason of the occupancy or leasing of said lot as is provided for in the first
and second sections of this act.

Approved : February 28, 1845.

ACT, NUMBER XLIII.

AN ACT CONCERNING CERTAIN COUNTIES THEREIN NAMED.

Section 1. Be it enacted by the People qf the State of Illinois, represented in the
General Assembly, That the acts of the county commissioners' courts of the several
counties of this State, in loaning out at interest that portion of the internal improve-
ment fund, which fell due said counties under the act of February twenty-seventh,
one thousand eight hundred and thirty-seven, establishing a general system of inter-
nal improvements, be, and the same is hereby legalized.

Sec 2. That said county commissioners' courts are also empowered to collect
the money so loaned, as is provided for by law for the collection of other indebt-
edness.

Sec 3. And be ii further enacted, That it shall be the duty of said county com-
missioners' courts, and they are hereby required, to cause to be renewed, all bonds
given as evidence of indebtedness to said fund, with good and sufficient security.

Sec 4. That upon the debtor's compliance with the third section of this act, no
higher interest shall be collected from said debtor from and after the renewal of any
such bond, than six per cent, per annum : Provided, That this provision shall not
extend to any portion of said funds which have, by law, been constituted a portion of
the common school fund of any county in this State.

Sec 5. And beit further enacted, That the county commissioners of the several
counties of this State, may apply all such money, when collected, to any and all
purposes they may think proper. This act to be in force from and after its passage.

Approved, February 28, 1845.

606 APPENDIX.

ACT, NUMBER XLTV.

AN ACT AUTHORIZING THE SURVEY OF CERTAIN LANDS THEREIN NAMED.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That in any case, when two or more persons shall own or be in
possession of separate parcels ofland, situate in the same claim and survey, or legal
subdivision of land, they may have the same surveyed by the county surveyor of
the county in which the land is situated : the said surveyor, when required thereto,
shall survey the lot of each proprietor in said claim and survey, or other legal sub-
division of land, and make a plat thereof, designating the respective shares of each
proprietor, by figures appropriately fixed therein, and specifying the number of
acres in each lot, and certifying that the same was surveyed by him in conformity
to law.

Sec. 2. The proprietors of said lots ofland may have the said survey and cer-
tificate recorded in the recorder's office of their respective counties ; for which
service of recording, the said officers shall receive for each lot, ten cents in full com-
pensation.

Sec 3. It shall be the duty of the assessor in each county, to enter for taxation
in his books, all lands liable to taxation in each claim and survey so platted and re-
corded, by the numbers of the respective lots, designating the claim and survey, and
the number of acres in each lot, and their value, in separate columns, the taxes on
which shall be paid and received by their respective numbers.

Approved, December 31, 1844.

ACT, NUMBER XLV.

AN ACT TO PROTECT OWNERS OF WOOD-YARDS AGAINST THE ILLEGAL ACTS OF STEAM-
BOAT MASTERS AND OFFICERS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, If any master, captain, or other officers of a steam boat, shall
stop at any wood yard in this State, and shall take cord wood therefrom, without the
consent of the owner thereof; or having the consent of the owner, shall refuse to
pay the price agreed on ; or depart without paying for the same ; or shall pay tor less
than the quantity taken, and depart, such captain, master or other officer so offend-

APPENDIX. 607

ing, and the owner of such boat, shall be liable to pay to such owner of such wood
taken without consent, or not paid for, three times the value of said wood, to be
recovered before any court having jurisdiction thereof; or before any justice of the
peace of the county, where said suit may be brought, when the amount claimed
does not exceed one hundred dollars. This act to take effect and be in force from
and after its passage.

Approved : February 28, 1845.

ACT, NUMBEll XLVL

AN ACT CONCERNING THE PUBLIC TREASURY.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That hereafter, no sum or sums of money shall be contracted
to be paid out of the treasury of the State, by any officer of the State ; nor shall any
person be encouraged to do any work or labor for the State, by any officer thereof ,
except such payment, or such work and labor, shall have been authorized by a pre-
vious law.

Sec 2. That the first section of this act, shall not be so construed as to prevent
the Governor from exercising the same control over the contingent fund, as has
been heretofore exercised over said fund.

Approved: February 21, 1845.

ACT, NUMBER XLVII.

AN ACT GRANTING TO THE GENERAL GOVERNMENT THE RIGHT TO ESTABLISH AN TRMORY

AT FORT MASSAC.

Whereas, The President of the United States, acting under the authority of
law, has selected Fort Massac, in the county of Massac, in the State of Illinois,
as a suitable site for the erection of a national armory : Andwhereas, it may be ad-
visable, for the removal of all doubts as to the right of the General Government to
acquire real estate, and establish public buildings, within the limits of independent
States, without the consent of such States : Therefore,
Section 1. Be it enacted by the People of the State of Illinois, represented in the

General Assembly, That the consent of the State of Illinois be, and is hereby given

608 APPENDIX.

to the Government of the United States, for the erection of an armory at Fort Mas-
sac, in the said county of Massac; and that the said Government of the United
States be, and hereby is authorized to acquire and hold forever, so much land
within the State of Illinois at said Fort Massac, as shall be requisite and necessary
for the uses and purposes of an Armory.

Approved : December 11, 1844.

[LAWS PASSED AT SESSIONS OF THE GENERAL ASSEMBLY,
PREVIOUS TO THAT OF 1844-5.]

ACT, NUMBER XLVIII.

AN ACT TO PROVIDE FOR THE COMPLETION OF THE ILLINOIS AND MICHIGAN CANAL,
AND FOR THE PAYMENT OF THE CANAL DEBT.

Whereas, It has been represented that certain holders of the bonds of this State
are willing to advance the necessary funds for the completion of the Illinois and
Michigan canal, upon being secured the payment of their said advances, and of
their said bonds, by a vested lien upon the said canal, lands and revenues : For
the purpose, therefore, of accomplishing an object so desirable and beneficial to
the said bondholders and the State :

Section 1. Be it enacted by the People of the State of Elinois, represented in the
General Assembly, That for the purpose of raising a fund for the completion of the
Illinois and Michigan canal, the Governor of this State be and hereby is fully au-
thorized and empowered to negotiate a loan, solely on the credit and pledge of the
said canal, its tolls, revenues and lands, to be granted to trustees, as hereinafter pro-
vided, of one million six hundred thousand dollars, for a term, not exceeding six
years, and at a rate of interest, not exceeding six per cent, per annum, payable out
of the first moneys to be realized from the said canal, its lands, tolls and revenues ;
the payment of interest and reimbursement of principal, to be at such place, within
or without the United States, and payable in such currency as may be agreed on.

Sec. 2. The holders of canal bonds and other evidences of indebtedness of this
State, issued for the purpose of aiding in the construction of the Illinois and Michi-
gan canal, or hereafter to be issued for work done, per centage, scaleage or damages,
shall be first entitled to subscribe in proportion to the amount of bonds or other in-
debtedness held by them, and take the whole of the said loan ; but if within a rea-
sonable time, to be determined by the Governor, any of the said holders of canal
bonds or indebtedness shall neglect or refuse to subscribe as aforesaid, the whole
of the said loan may be subscribed for and taken by other holders of canal bonds or
indebtedness ; but if within a reasonable time, to be determined upon by the Gover-

APPENDIX. 609

nor, the holders of the said canal bonds or other evidences of indebtedness afore-
said, shall not subscribe for and take the whole of the said loan, then and in that
case, any other person or persons, body politic or corporate, shall be entitled to sub-
scribe for and take so much of the said loan as may remain unsubscribed for by the
said holders of bonds or other evidences of debt aforesaid.

Sec. 3. After the said loan shall be subscribed for as aforesaid, there shall be
appointed three discreet persons, to constitute a board, to be known by the style
and description of the " Board of Trustees of the Illinois and Michigan Canal."
One of the said trustees shall be appointed by the Governor of this State and the
other two shall be elected or appointed by the subscribers to the said loan or the
holders of the certificates authorized by this act, in manner and form as hereinafter
mentioned. Whenever any vacancy shall occur in the said board of trustees either
by death or resignation, or from any other cause, said vacancy shall be filled by the
Governor or holders of said certificates, to whom belonged the appointment of the
trustees whose seat shall have become vacant, as the case may be.

Sec. 4. The first election of trustees, by the subscribers to said loan, under this
act, shall be held at the canal office, at Lockport, at such time as the Governor of
this State shall appoint, under the direction of one of the judges of the supreme
court of this State, who is hereby appointed inspector of the first election ; and the
two persons then elected as trustees by the said subscribers, and the person appoint-
ed trustee by the Governor, shall hold their offices for two years, from the time of
their said election or appointment, and until others are elected.

Sec 5. Subsequent elections shall be held every two years, at such time and
place, and under the direction of such persons as a majority of the trustees for the
time being, shall, by resolution, to be entered on their minutes, appoint ; and they
shall hold their offices for two years, and until others are elected in their stead.

Sec 6. At the election of trustees under this act, each stockholder shall be en-
titled to one vote for each and every one thousand dollars of stock held by him
and in all elections, votes may be given in person or by proxy.

Sec 7. All elections shall be by ballot, and the two who shall have the greatest
number of votes shall be the two trustees, duly elected by the said subscribers or
holders of said certificates. At all such elections, the said subscribers or holders
of said certificates, shall designate upon their ballots one of the persons voted for
as president; and the person having the greatest number of votes as trustee and
president, shall be one of the said trustees and president of said board.

Sec 8. The said board of trustees of the Illinois and Michigan canal, when
duly appointed and elected as aforesaid, shall apportion their respective duties among
themselves, and so far as is not incompatible with this act, shall possess all the pow-
ers and perform all the duties conferred upon the board of commissioners of the Il-
linois, and Michigan canal, by the act entitled "An act for the construction of the
Illinois and Michigan canal," approved, January ninth, eighteen hundred and thir-
ty-six, and the acts supplementary and amendatory thereto, and shall take an oath or
affirmation, and give bonds with security, for the faithful discharge of the duties
imposed upon them by this act.

Sec 9. If the holders of any of the said canal bonds or other evidences of in-
debtedness, issued for the purpose of aiding in the construction of the Illinois and
Michigan canal, shall become subscribers for the said loan, or any part thereof they
shall, at the time of subscribing, file, or cause to be filed with the Governor a brief
39

i \!m

610

APPENDIX.

description of said bonds or other evidences of indebtedness aforesaid, owned by
them, which description shall be deposited by the Governor in the office oi' the audi-
tor of public accounts, in order that the evidences may be preserved to discriminate
the holders who subscribed for the said loan, and to identify the said bonds or other
evidences of indebtedness aforesaid, that may in consequence be entitled to a prior-
ity of payment out of the property and assets granted to the board of trustees as
hereinafter provided.

Sec 10. For the purpose of placing in the hands of trustees, full and ample
security for the payment of said loan, authorized by this act, and the interest there-
on, as well as for securing a preference in the payment of such of the canal bonds
and other evidences of indebtedness issued by this State for the purpose of aiding
in the construction of the Illinois and Michigan canal, as may be owned by the sub-
scribers to the said loan, the State does hereby irrevocably grant to the said beard
of trustees of the Illinois and Michigan canal, the bed of the said Illinois and
Michigan canal, and the land over which the same passes, including its banks, mar-
gins, towpaths, feeders, basins, right of way, locks, dams, water power, structures,
stone excavated, and stone and materials quarried, purchased, procured or collected
for its construction ; and all the property, right, title and interest of the State, of,
in and to the said canal, with all the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining; and also, all the remaining lands and lots
belonging to the said canal fund, or which hereafter may be given, granted or do-
nated by the General Government to the State, to aid in the construction of the said
canal, and the buildings and erections belonging to the State, thereon situated ; the
said board of trustees to have, hold, possess and enjoy the same, as fully and as ab-
solutely, in all respects, as the State now can or hereafter could do, for the uses,
purposes and trusts hereinafter mentioned ; but it is to be understood that all canal
lands and lots heretofore sold by the board of commissioners, upon which moneys
are now due, or may hereafter become due, whether the said lands and lots be now
forfeited or relinquished, or hereafter become forfeited or relinquished, shall be ex-
empt from the aforesaid provisions of this act ; and the trustee herein provided to
be appointed by the Governor, or any other officer or officers, having the manage-
ment of the affairs of the canal, until said trustee be appointed on the part of the
State, is hereby authorized and required to settle all accounts due to contractors
and others, (except for such damages as are hereinafter provided for,) by issuing
certificates oi'indebtedness, which together with the certificates of indebtedness, scrip
and acceptances, heretofore issued by the said canal commissioners, shall be receiv-
ed by said trustees or other officer or officers aforesaid, in payment for said lots
and lands, whenever they may be presented for that purpose. The said lands and
lots, hereby reserved, shall, within three months after the passage of this act, be ap-
propriated, as is provided in the thirteenth section of this act, and sold in accord-
ance with the laws of this State regulating the sale of canal lands.

Sec 11. The subscribers to the said loan shall execute an agreement to and
with the Governor of this State, to pay the amount respectively subscribed, to the
said board of trustees, at such times and in such proportions as said trustees shall
direct; and said agreement shall specify the manner in which said trustees shall
o-ive notice to the said subscriber, of every call for a payment : Provided, That in
case any subscriber under the provisions of this act, shall fail, neglect or refuse to
pay any instalment, at the time called for by said trustees, he shall forfeit all pay-
ments reviously made, and all benefits and advantages arising under the provisions

APPENDIX. 611

of this act : Provided, however, That the said trustees shall be bound to make a
call for at least one hundred thousand dollars per quarter for the first year after
their appointment.

Sec. 12. Whenever, and as often as the said subscribers to the said loan shall
make a payment of any portion of their subscriptions, in pursuance of a call of
the said trustees, the said board of trustees by their president and secretary,
under the seal of said board, shall execute a certificate to each of the said sub-
scribers, for the amount paid by them on their respective subscriptions with
one year's interest at the rate of six per cent, added to the principal, stipula-
ting for the payment of the same within six years, with interest at the rate of six
per cent, per annum, to be computed after one year from the date of said certifi-
cate, and to be paid semi-annually thereafter; the said principal and interest to be
paid by the said trustees out of the first moneys to be realized by them from the
Illinois and Michigan canal, its assets, revenues, toll and lands, granted to the said
trustees by this act, which said certificate shall also be countersigned by the Gov-
ernor, and the impress of the great seal of the State shall be affixed thereon by
the secretary of State.

Sec. 13. The said board of trustees, when appointed, are hereby authorized to
take possession of the said canal, lands, property and assets, granted to them by
this act, and proceed to complete the same. They are hereby authorized to make
such changes and alterations of the original plan of said canal as they may deem
advisable, without reducing its present capacity or materially changing its present
location, having due regard to economy, permanency of the work, and an adequate
supply of water at all seasons. None of the lots, lands or water powers so granted to
the said trustees, shall be sold until three months after the completion of the said canal :
The said lots, lands and water powers shall then be offered for sale by the said
trustees at public auction, in lots and legal sub-divisions ones or oftener in each year
for the four succeeding years ; said sales to be made for cash or on credit in the man-
ner prescribed in the act of the ninth of January, eighteen hundred and thirty-six.
The said lands, lots and water power, before they are offered for sale as aforesaid, shall
be appraised by three disinterested persons, to be appointed by the judge of the
circuit in which said lands, lots and water power are situated, who shall take an
oath faithfully and impartially to discharge the duty of appraisers. Said lands, lots
and water power, when so appraised, shall not be sold for less than the appraise-
ment. After the expiration of the said four years, the said trustees shall expose
the residue of said lands, which may remain on hand, to sale at such times and in
such manner as they may deem proper. The said board of trustees are authorized
to convey lands and water powers sold by them as aforesaid, after the purchase for
the same be fully paid, but not before ; and the said lands and lots shall be exempt
from taxation of every description by and under the authority of any law of this
State, until after the same shall have been sold and conveyed by the said trustees as
aforesaid : Provided, also, That in the construction of the said canal, no change
shall be made in its location, so as to divert the water power from canal lands :
Provided, That in all cases where improvements were made upon the said canal
lands or lots, previous to the first day of February, eighteen hundred and forty-
three, the owner of such improvements shall be entitled to purchase the said lands
or lots on which said improvements are situated, at an appraisement to be made as
aforesaid, without reference to said improvements.

612 APPENDIX.

Sec. 14. The said trustees shall proceed to the completion of the said canal, in
a good, substantial and workmanlike manner, so that the same shall, if practicable,
be ready lor use and navigation within two years and six months from the lime this
act goes into operation. The said trustees shall keep a just, full and accurate ac-
count of all the costs and expenditures of completing and superintending the said
canal, and of the rents, issues, revenues and profits received by them from the said
canal, and from the property granted to them by this act, and of the amounts receiv-
ed by them under the said loan, and shall annually make arepoit to the Goveraor,in
manner and form specified in the forty-third section of the said act of January ninth,
eighteen hundred and thirty-six : Provided, That in case the subscribers, under the
provisions of this act, shall fail or neglect to complete the said canal, within three
years after this act goes into operation, then and in such case, the lands and pro-
perty hereby granted to said trustees, shall revert to the State.

Sec 15. The said board of trustees shall annually establish a tariff of tolls to
be paid for transportation upon said canal, (but the legislature hereby reserves the
right to increase the tolls with a view to an increase of revenue, but shall not re-
duce the same without the consent of the trustees ;) and are hereby fully authoriz-
ed and empowered to collect the same ; and from time to time, to make, ordain and
establish such reasonable rules, by-laws and regulations in relation to the collec-
tion of tolls, the transportation upon the canal, the conduct of boats and rafts, and
the general police of the said canal, as are usual, or may be found necessary, and
to enforce the observance of the same ; and that said canal, when completed, shall, in
all future time be free for the transportation of the troops of the United States and
their munitions of war, without the payment of any toll whatever.

Sec 16. After the completion of the said canal as aforesaid, the said board of
trustees shall make annual dividends of the moneys which shall come to their hands
from the said canal, its assets, tolls, revenues and lands granted to the said Irustees
by this act, after payment of incidental expenses, among the holders of the bonds of
this State, in the following order : First, the said board of trustees shall annually
make a jiro rata dividend on payment of said moneys, on the certificates given to
the subscribers, to the loan authorized by this act, until said certificates and interest
thereon are fully paid : Second, the said trustees shall then make annual dividends
and payments of said money upon the interest due upon the bonds, and other evi-
dences of indebtedness held by the subscribers to the said loan, a description
whereof shall have been filed with the Governor, as provided in the ninth section
of this act, until the interest thereon is fully paid : Third, the said trustees shall
then make annual dividends and payments of said money upon the interest due to
the non-subscribing holders of bonds, or other evidences of canal indebtedness :
Fourth, after paying all interest due such non-subscribing bondholders, the said
trustees shall make annual dividends, pro rata, upon the principal of the bonds and
other evidences of canal indebtedness, held by the subscribers to said loan, as pro-
vided for by the ninth section of this act, until the same shall be liquidated ; at which
time the trust hereby created shall cease, and the canal shall revert to the State,
with all the appurtenances thereunto belonging : Provided, That the certificates of
canal indebtedness, not stipulating on their face for the payment of interest, shall,
when registered by subscribers to said loan, as hereinbefore provided, bear an in-
terest of six per centum per annum, from and after they shall be so registered :
Provided, further, That no appraisal shall be made for any damages arising under

APPENDIX. 613

the provisions of any contract entered into in pursuance of an act for the construc-
tion of the Illinois and Michigan canal, unless the contractor or contractors inter-
ested therein, shall first signify his or their consent in writing, (which writing shall
be deposited with the appraisers, to be filed in the auditor's ofiice;) that such ap-
praisal of damages shall be made without allowing any prospective damages, or any
profits which said contractor or contractors might have made, had they finished their
jobs ; but such contractor or contractors shall be allowed the value of their machin-
ery upon the canal at the lime the work stopped, and back percentage and scaleage;
which entire amount of damages so allowed, to all contractors, shall not exceed the
sum of two hundred and thirty thousand dollars.

Sec. 17. The Governor is hereby authorized and empowered to appoint three
discreet and skilful persons to go on to the jobs and lettings upon the canal, and ap-
praise the actual damage which the respective contractors upon the said canal will
sustain in being deprived of the same. Said appraisal shall be final and conclusive,
unless appealed from. That if any person shall consider himself aggrieved by the
decision of said appraisers, he may appeal from the same at any time within thirty
days, to the circuit court of the county in which the job so appraised is situated.
If the Governor shall be satisfied that the appraisal is fair and honest, he shall issue
certificates of canal indebtedness, bearing interest at six per cent., to the persons in
whose favor the appraisal shall be made, for the amount ; the holders of which cer-
tificates shall be entitled to all the privileges conferred by this act upon the other
holders of canal indebtedness 5 and the present contractors of the Illinois and Mich-
igan canal shall have the right to take the contract for the jobs which they now hold,
at the estimate of the engineer to be appointed by said trustees, under such regula-
tions and provisions as the said trustees shall direct.

Sec. 18. This act shall go into effect, and the said canal property and assets
shall vest in the said trustees, as hereinbefore granted, whenever, and as soon as
the full amount of the said loan shall be subscribed for, and the trustees elected as
hereinbefore provided ; and when this act goes into effect, so much of the acts
heretofore passed by the legislature of this State in relation to the Illinois and
Michigan canal, and the canal lands and property, as conflicts with the provisions
of this act are hereby repealed.

Sec 19. Whenever the trust created by this act shall have been fully executed
and performed by the said trustees, the said canal and the canal property that may
then remain, shall revert to the State ; and the State hereby reserves the right of
paying off the bonds and certificates to be paid to the said trustees, and the inciden-
tal expenses paid by them, and the interest thereon ; and the said trustees shall
then resign the said canal, and the remaining canal property and assets to the State.

Sec 20. This act shall be a public act, and shall be liberally construed in all
courts of justice, and the State hereby solemnly pledges its faith to supply, by fu-
ture legislation, all such defects as may be found necessary, to enable the said trus-
tees to carry into full effect, the fair and obvious intent of this act.

Sec 21. If, in consequence of any defect, omission, or objection to the forego-
ing act, the said bondholders or other persons shall neglect or refuse to subscribe
for the said loan, in that case, the Governor is hereby authorized to negotiate, and
enter into a contract with the said bondholders, or other persons, in pursuance of
the general principles of this act: Provided, That he shall make no further pledge
of the faith or credit of the State, for any advance of money, but shall be limited to
pledging the canal and canal property therefor : And, provided fur titer, That in any

014 APPENDIX.

negotiations to be made under the provisions of this act, for the purpose of carrying
them into effect, nothing shall be done which shall in anywise interfere with the
rights now secured to the holders of canal bonds. The Governor is hereby vested
with all such power as maybe necessary to carry this act into operation, or to make
or cause to be made, such negotiation.

Sec. 22. The said trustees shall employ a chief engineer of known and estab-
lished character for experience and integrity, who shall be subject to the direction
of the trustees, but shall be required to execute a bond to the Governor in the sum
of ten thousand dollars, to be approved by him, for the faithful performance of all
the duties of an engineer, and shall be subject to be removed by the Governor for
any good reasons which he shall make known to the next General Assembly. The
said engineer shall, in addition, be required to take an oath, that he will faithfully
and impartially perform all the duties of his office, without respect to persons, and
that he is neither interested, nor will be interested in any job, work or contract,
let or to be let on the canal, or connected therewith ; which oath shall be entered
and subscribed on the bond of said engineer.

Approved: February 21, 1S43.

[Amended: — See Acts Nos. 39 and 40.]

ACT, NUMBER XLIX.

AN ACT IN RELATION TO BURYING GROUNDS, CHURCH YARDS, AND LANDS USED BY LIT-
ERARY INSTITUTIONS.

Section 1. Be it enacted by the People of the State of Illinois., represented in tha
General Assembly, That it shall be the duty of societies and corporations owning,
using and appropriating lands, not exceeding ten acres, for burving grounds, church
grounds, and grounds for the use of literary institutions, to cause to be certified to
the county commissioners' court of the proper county, by some credible person un-
der oath, a full description of the lands by metes and bounds, in whom the title is,
and for what purpose and use the land is held ; and if it shall appear to said court
that such land is not subject to taxation according to the revenue laws of this State,
then that part shall be certified by said court to the auditor of public accounts, and
the land shall remain exempt from taxation so long as it continues to be used exclu-
sively for the purposes aforesaid.

Approved: March 2, 1843.

APPENDIX. 615

ACT, NUMBER L.

AN ACT TO EXEMPT THE PROPERTY OF COLLEGES AND COMMON SCHOOLS FROM TAXATION

FOR A LIMITED PERIOD.

Section 1. Be it enacted by the People of the State of Elinois, represented in the
General Assembly, That all colleges and seminaries of learning incorporated, or
which may hereafter be incorporated, by any act or acts of the General Assembly
of this State, be and the same are hereby exempted from taxation, for State, county,
or other incorporation purposes, upon all college and seminary buildings, libraries,
philosophical and chemical, or other scientific apparatus, and the lands on which
such institutions are located, not exceeding one hundred and sixty acres : Provided,
That the property thus exempted shall be devoted exclusively to the purposes of
education.

Sec 2. All laws of this State for the collection of revenue, or for other pur-
poses, so far as they conflict with the provisions of this act, are hereby repealed.

Approved : March b', 1843.

ACT, NUMBER LI.

AN ACT TO AMEND "AN ACT IN RELATION TO RELIGIOUS SOCIETIES."

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That hereafter, it may be lawful for any religious society in this
State, to purchase, or receive by a donation, and hold any real estate, not exceeding
forty acres, for the purpose of camp-meeting ground, and the lots necessary for the
same.

Sec 2. The title to said real estate shall be held by trustees appointed by said
society ; and the same may become incorporated according to the provisions of "An
act concerning religious societies," in force, March 1, 1835. This act to take effect
from and after its passage.

Approved : March 2, 1839.

616 APPENDIX.

ACT, NUMBER LII.

AN ACT TO PROVIDE FOR THE RECEIPT OF THE DISTRIBUTIVE SHARE OF THIS STATE OF THE
PROCEEDS OF THE SALE OF THE PUBLIC LANDS.

Section 1. Be it enacted by the People of the. State of Illinois, represented in the
General Assembly, That the Governor of this State be and he is hereby authorized
and empowered, by himself, or by his accredited agent, to receive from the treasury
of the United States any and all sum or sums of money now due, or which may be-
come due to this State, under the provisions of an act of the Congress of the United
States of America, entitled " An act to appropriate the proceeds of the sales of the
public lands, and to grant pre-emption rights," approved, September fourth, one
thousand eight hundred and forty-one ; and to execute any needful and proper

voucher therefor.

Approved : February 21, 1843.

ACT, NUMBER LIII.

AN ACT RELATING TO THE ADMINISTERING OF OATHS IN CASES OF THE TRIAL OF IM-
PEACHMENTS, OR OTHER TRIALS BEFORE THE SENATE.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That it shall be lawful, in all cases of the trials of impeachments
or other trials before the senate, for the speaker of the senate to administer
oaths to the members, witnesses or any other persons who are required to be
sworn ; and it shall also be lawful for any member oi the senate, secretary or clerk
thereof, to administer oaths to all persons required to be sworn in such cases.

Approved: January 18, 1833.

APPENDIX. 617

ACT, NUMBER LIV.

AN ACT TO PROVIDE FOR THE COLLECTION OP DEMANDS GROWING OUT OF CON-
TRACTS FOR SALES OF THE POSSLS&ION OF THE PUBLIC LANDS.

Section 1. Be it enacted by the People of the State of Illinois, represented in the
General Assembly, That all contracts, promises, assumpsits or undertakings in wri-
ting, which shall hereafter be made in good faith and without fraud, collusion, or
circumvention, for sale, purchase or payment to be made for the possession of
claimed lands owned by the Government of the United States, shall be deemed va-
lid in law and equity, and may be sued for and recovered as in other cases.

Sec 2. That the act, entitled "An act to provide for the collection of demands
growing out of contracts for sales of improvements on public lands," approved,
February fifteenth, eighteen hundred and thirty-one, be hereafter construed to ap-
ply as well to contracts, promises, assumpsits or undertakings, made subsequent, as
to those made previous to the purchase of said lands from the Government of the
United States.

This bill having remained with the Council of Revision ten days, and the General Assembly being in ses-
sion, it has become a law this second day of February, eighteen hundred and thirty-nine.

A. P. FIELD, Secretary of State.

•I \{\

CERTIFICATE.

By virtue of authority conferred by law, I do hereby certify, that the printed
chapters contained in the foregoing pages, and composing The Revised Statutes,
have been printed under my personal inspection and superintendence — that I have
compared the same with the enrolled chapters in my possession, and find the same
as published, to be true and correct copies of said enrolled chapters, with the ex-
ception of such corrections of clerical errors and mistakes, as are authorized by
law to be made : Also, that I have, in like manner, examined the several acts of
the General Assembly of the State of Illinois, which are published in the forego-
ing appendix to the Revised Statutes ; and have compared the same with the same
acts, as certified and published by the secretary of State, in pursuance of law;
and find the same to be correct copies thereof, excepting necessary corrections of
clerical errors, &c.

M. BRAYMAN.
Springfield, III., July 21, 1845.

ClU:'-

.

APPENDIX. 619

NATURALIZATION.

ABSTRACT OF THE LAWS OF THE UNITED STATES IN RELATION TO THE NATURALIZATION

OF ALIENS.

Section 1. Any alien, being a free white person, may be admitted to become a
citizen of the United States, or any of them, on the following conditions, and not
otherwise :

Sec. 2. First: That he shall have declared, on oath or affirmation, before the
supreme, superior, district or circuit court of some one of the States, or of the ter-
ritorial districts of the United States, or a circuit or district court of the United
States, or before the clerk of either of such courts (1) two (2) years at least, be-
fore his admission, that it was, bona fide, his intention to become a citizen of the
United States, and to renounce forever, all allegiance and fidelity to any foreign
prince, potentate, state or sovereignty, whatever, and particularly, by name, the
prince, potentate, state or sovereignty, whereof such alien may at the time, be a
citizen or subject. (3)

Sec. 3. From this condition are exempted, any alien being a free white person,
who was residing within the limits and under the jurisdiction of the United States
at any time between the eighteenth day of June, 1798, and the fourteenth day of
April, 1802, and who has continued to reside within the same. (4)

Sec. 4. Any alien, being a free white person and a minor, under the age of
twenty-one years, who shall have resided in the United States three years next pre-
ceding his arrival at the age of twenty-one years, and who shall have continued to
reside therein to the time he may make application to be admitted a citizen there-
of, may, after he arrives at the age of twenty-one years, and after he shall have re-
sided five years within the United States, including the three years of his minority,
be admitted a citizen of the United States, without having made the declaration
required in the second section, three years previous to his admission : But, such
alien shall make the declaration required therein, at the time of his or her admis-
sion ; and shall further declare, on oath, and prove to the satisfaction of the court,
that, for three years next preceding, it has been the bona fide intention of such
alien to become a citizen of the United States ; and shall, in all other respects,
comply with the laws in regard to naturalization. (5)

Sec. 5. When any alien, who shall have complied with the condition specified
in section second, and who shall have pursued the directions prescribed in the

(1) Act May 26th, 1824, sec. 3. Story 1973.

(2) Ibid sec. 4.

(3) Act April 14th, 1802. Story 850.

(4) Act March 26th, 1804, sec. 1. Story 942.

(5) Act May 26th, 1824, sec. 1. Story 1913.

620 APPENDIX.

second section of the act of April 14, 1802,* may die, before he is actually natu-
ralized, the widow and the children of such alien shall be considered as citizens of
the United States, and shall be entitled to all rights and privileges as such, upon
taking the oaths prescribed by law. (6)

Sec. 6. An alien shall, at the time of his application to be admitted, declare, on
oath or affirmation, before some one of the courts aforesaid, that he will support
the constitution of the United States, and that he doth absolutely and entirely re-
nounce and abjure all allegiance and fidelity to every foreign prince, potentate, state
or sovereignty, whatever, and particularly, by name, the prince, potentate, state
or sovereignty, whereof he was before a citizen or subject ; which proceedings
shall be recorded by the clerk of the court. (7)

Sec. 7. The court admitting such alien shall be satisfied that he has resided
within the United States five years, at least, and within the State or territory where
such court is at the time held, one year, at least; and it shall further appear to their
satisfaction, that during that time, he has behaved as a man of good moral character,
attached to the principles of the constitution of the United States, and well disposed
to the good order and happiness of the same. The oath of the applicant shall, in
no case, be allowed to prove his residence. (8)

Sec 8. In case the alien, applying to be admitted to citizenship, shall have borne
any hereditary title, or been of any of the orders of nobility, in the kingdom or
state from which he came, he shall, in addition to the above requisites, make an ex-
press renunciation of his title or order of nobility, in the court to which his appli-
cation shall be made, which renunciation shall be recorded in the said court : Pro-
vided, That no alien, who shall be a native citizen, denizen or subject of any coun-
try, state or sovereign, with whom the United States shall be at war, at the time
of his application, shall be then admitted to be a citizen of the United States. (9)

Sec. 9. But persons resident within the United States or the territories thereof,
on the eighteenth day of June, in the year one thousand eight hundred and twelve,
who had, before that day, made a declaration, according to law, of their intention to
become citizens of the United States ; or who, by the existing laws of the United
States, were, on that day, entitled to become citizens, without making such decla-
ration, may be admitted to become citizens thereof, notwithstanding they shall be
alien enemies, at the times, and in the manner prescribed by the laws heretofore
passed on that subject : Provided, That nothing herein contained, shall be taken or
construed to interfere with, or prevent the apprehension and removal, agreeably to
law, of any alien enemy, at any time previous to the actual naturalization of &uch
alien. (10)

Sec. 10. Any alien being a free white person, who was residing within the
limits, and under the jurisdiction of the United States, between the fourteenth day
of April, one thousand eight hundred and two, and the eighteenth day of June, one
thousand eight hundred and twelve, and who has continued to reside, within the
same, may be admitted to become a citizen of the United States, without having
made any previous declaration of his intention to become a citizen : Provided, That

* The second section of the act of April 14, 1802, required an alien when he arrived in the United States, to
have his name registered, &c, with the clerk ol the proper court, &.c. This section was repealed by act of
May 24, 1828. Story 850, 2 145.

(6) Act March 26th, 1804, sec. 2. Story 942.

(7) Act 14th April, 1802, si-c. 1. Story 850.

(8) Act 14th April, 1802, sec. 1. Story 850.

(9) Act 15th April, 1802, sec. 1. Story 850.
(10) Act of July 30, 1813. Story 1354.

APPENDIX. (321

whenever any person, without a certificate of such declaration of intention, shall
make application to be admitted a citizen of the United States, it shall be proved to
the satisfaction of the court, that the applicant was residing within the limits, and
under the jurisdiction of the United States, before the eighteenth clay of June, one
thousand eight hundred and twelve, and has continued to reside within the same,
or he shall not be so admitted : and the residence of the applicant within the limits,
and under the jurisdiction of the United States, for at least five years immediately
preceding the time of such application, shall be proved by the oath or affirmation
of citizens of the United States ; which citizens shall be named in the record as
witnesses : and such continued residence within the limits, and under the jurisdic-
tion of the United States, when satisfactorily proved, and the place or places where
the applicant has resided, for at least five years as aforesaid, shall be stated and set
forth, together with the names of such citizens, in the record of the court, admitting
the applicant ; otherwise the same shall not entitle him to be considered and deem-
ed a citizen of the United States. (11)

Sec. 11. Nothing in the foregoing section ten contained, shall be construed to
exclude from admission to citizenship, any free white person who was residing
within the limits and under the jurisdiction of the United States at any time between
the eighteenth day of June, one thousand seven hundred and ninety-eight, and the
fourteenth day of April, one thousand eight hundred and two, and who, having
continued to reside therein without having made any declaration of intention before
a court of record as aforesaid, may be entitled to become a citizen of the United
States, according to section three. Whenever any person, without a certificate of
such declaration of intention as aforesaid, shall make application to be admitted a
citizen of the United States, it shall be proved to the satisfaction of the court, that
the applicant was residing within the limits and under the jurisdiction of the Uni-
ted States, before the fourteenth day of April, one thousand eight hundred and two,
and has continued to reside within the same, or he shall not be so admitted. And
the residence of the applicant within the limits and under the jurisdiction of the
United States, for at least five years immediately preceding the time of such appli-
cation, shall be proved by the oath or affirmation of citizens of the United States ;
which citizens shall be named in the record as witnesses. And such continued
residence within the limits and under the jurisdiction of the United States, when
satisfactorily proved, and the place or places where the applicant has resided for at
least five years as aforesaid, shall be stated and set forth, together with the names
of such citizens, in the record of the court admitting the applicant ; otherwise the
same shall not entitle him to be considered and deemed a citizen of the United
States. (12)

Sec. 12. The children of persons duly naturalized under any of the laws of the.
United States, or who, previous to the passing of any law on that subject, by the
government of the United States, may have become citizens of any one of the States,
under the laws thereof, being under the age of twenty-one years, at the time of
their parents' being so naturalized or admitted to the rights of citizenship, shall, if
dwelling in the United States, be considered as citizens of the United States : and
the children of persons who now are, or have been citizens of the United States,
shall, though born out of the limits and jurisdiction of the United States, be consid-
ered as citizens of the United States. The right of citizenship shall not descend to

(11) Act Mav 24, 18-28. Story 2145 • and see Story 1354.

(12) Act 22d March, 1816, sec. 2. Story 1539.

622 APPENDIX.

persons whose fathers have never resided within the United States : And no person
heretofore proscribed by any State, or who has been legally convicted of having
joined the army of Great Britain during the war of the revolution, shall be admitted
a citizen, without the ponsent of the legislature of the State in which such person
was proscribed. (13) Children of persons naturalized before the fourteenth of April,
1802, under age at the time of their parents' naturalization, were, if dwelling in the
United States on the fourteenth of April, 1802, to be considered as citizens of the
United States. (14)

Sec. 13. Any alien who was residing within the limits, and under the jurisdic-
tion of the United States, before the twenty-ninth day of January, one thousand
seven hundred and ninety-five, may be admitted to become a citizen, on due proof
made to some one of the courts aforesaid, that he has resided two years at least,
within and under the jurisdiction of the United States, and one year, at least, im-
mediately preceding his application, within the State or territory where such court
is at the time held ; and on his declaring on oath or affirmation, that he will support
the constitution of the United States, and that he doth absolutely and entirely re-
nounce and abjure all allegiance and fidelity to any foreign prince, potentate, state
or sovereignty, whatever, and particularly, by name, the prince, potentate, state or
sovereignty, whereof he was before a citizen or subject ; and moreover, on its ap-
pearing to the satisfaction of the court, that during the said term of two years, he
has behaved as a man of good moral character, is attached to the constitution of the
United States, and well disposed to the good order and happiness of the same; and
where the alien applying for admission to citizenship, shall have borne any heredi-
tary title, or been of any of the orders of nobility in the kingdom or state from which
he came, on his making, moreover, in the court, an express renunciation of his title
or order of nobility, before he shall be entitled to such admission: all of which pro-
ceedings, required in this proviso to be performed in the court, shall be recorded by
the clerk thereof. (15)

Sec. 14. Every court of record, in any individual State, having common law
jurisdiction, and a seal, and clerk or prothonotary, shall be considered as a district
court, within the meaning of the naturalization act; and every alien, who may have
been naturalized in any such court, shall enjoy the same rights and privileges, as if
he had been naturalized in a district or circuit court of the United States. (1(3)

Sec 15. No person who shall arrive in the United States, after February the
seventeenth, 1815, shall be admitted to become a citizen of the United States, who
shall not, for the continued term of five years next preceding his admission, have
resided within the United States, without being at any time during the said five
years, out of the territory of the United States. (17)

(13) Act 14th April, 1802, sec. 4. Story 850.

(14) Story 850.

(15) Act April 14th, 1802, sec. 1. Story 850.

(16) Act April 14th, 1802, sec. 3.

(17) Act March 3d, 1813, sec 12. Story 1304.

APPENDIX. 623

FUGITIVES FROM LABOR AND JUSTICE.

AN ACT RESPECTING FUGITIVES FROM JUSTICE, AND PERSONS ESCAPING FROM THE SER-
VICE OF THEIR MASTERS.

Section 1. Be it enacted, by the Senate and House of Representatives of the United
States of America in C ngress assembled, That whenever the executive authority of
any State in the Union, or of either of the territories northwest or south of the river
Ohio, shall demand any person as a fugitive from justice, of the executive authority
of any such State or territory to which such person shall have fled, and shall, more-
over, produce the copy of an indictment found, or an affidavit made, before a magis-
trate of any State or territory as aforesaid, charging the person so demanded with
having committed treason, felony or other crime, certified as authentic by the gov-
ernor or chief magistrate of the State or territory from whence the person so charged
fled, it shall be the duty of the executive authority of the State or territory to which
such person shall have fled, to cause him or her to be arrested and secured, and no-
tice of the arrest to be given to the executive authority making such demand, or to
the agent of such authority appointed to receive the fugitive, and to cause the fugi-
tive to be delivered to such agent when he shall appear : But if no such agent shall
appear within six months from the time of the arrest, the prisoner may be dis-
charged. And all costs or expenses, incurred in the apprehending, securing, and
transmitting such fugitive to the State or territory making such demand, shall be
paid by such State or territory.

Sec 2. That any agent appointed as aforesaid, who shall receive the fugitive
into his custody, shall be empowered to transport him or her to the State or territo-
ry from which he or she shall have fled. And if any person or persons shall, by
force, set at liberty, or rescue the fugitive from such agent while transporting as
aforesaid, the person or persons so offending shall, on conviction, be fined not ex-
ceeding five hundred dollars, and he imprisoned not exceeding one year.

Sec. 3. That when a person held to labor in any of the United States, or in
either of the territories on the northwest or south of the river Ohio, under the
laws thereof, shall escape into any other of the said States or territories, the person
to whom such labor or service may be due, his agent or attorney, is hereby em-
powered to seize or arrest such fugitive from labor, and to take him or her before
any judge of the circuit or district courts of the United States, residing or being
within the State, or before any magistrate of a county, city or town corporate,
wherein such seizure or arrest shall be made, and upon proof, to the satisfaction of
such judge or magistrate, either by oral testimony or affidavit taken before and cer-
tified by a magistrate of any such State or territory, that the person so seized or ar-
rested doth, under the laws of the State or territory from which he or she fled, owes
service or labor to the person claiming him or her, it shall be the duty of such
judge or magistrate to give a certificate thereof to such claimant, his agent or attor-
ney, which shall be sufficient warrant for removing the said fugitive from labor, to
the State or territory from which he or she fled.

624 APPENDIX.

Sec 4. That, any person who shall knowingly and willingly obstruct or hinder
such claimant, his assent or attorney, in so seizing or arresting such fugitive from
labor, or shall rescue such fugitive from such claimant, his agent or attorney, when
so arrested, pursuant to the authority herein given or declared ; or shall harbor or
conceal such person, after notice that he or she was a fugitive from labor as afore-
said, shall, for either of the said offences, forfeit and pay the sum of five hundred
dollars. Which penalty may be recovered by and for the benefit of such claimant,
by action of debt, in any court proper to try the same ; saving, moreover, to the per-
son claiming such labor or service, his right of action for, or on account of, the said
injuries, or either of them.

Approved: February J 2, 1793.

AUTHENTICATION OF STATUTES, RECORDS, &c.

AN ACT TO PRESCRIBE THE MODE IN WHICH THE PUBLIC ACTS, RECORDS AND JUDICIAL
PROCEEDINGS IN EACH STATE, SHALL BE AUTHENTICATED SO AS TO TAKE EFFECT IN
EVERY OTHER STATE.

Section 1. Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the acts of the legislatures of the
several States shall be authenticated by having the seal of their respective States
affixed thereto : That the records and judicial proceedings of the courts of any State
shall be proved or admitted, in any other court within the United States, by the attes-
tation of the clerk, and the seal of the court annexed, if there be a seal, together
with a certiticate of the judge, chief justice, or presiding magistrate, as the case
may be, that the said attestation is in due form. And the said records and judicial
proceedings, authenticated as aforesaid, shall have such faith and credit given to
them, in every court within the United States, as they have, by law or usage, in
the courts of the State from whence the said records are, or shall be taken.

Approved : May 26, 1790.

AN ACT SUPPLEMENTARY TO THE ACT, ENTITLED «AN ACT TO PRESCRIBE THE MODE IN
WHICH THE PUBLIC ACTS, RECORDS AND JUDICIAL PROCEEDINGS, IN EACH STATE, SHALL
BE AUTHENTICATED SO AS TO TAKE EFFECT IN EVERY OTHER STATE.

Section 1. Be it enacted by the Senate and Hmse of Representatives of the United
States of America in Congress assembled, That from and after the passage of this
act, all records and exemplifications of office books, which are, or may be kept in
any public office of any State, not appertaining to a court, shall be proved or admitted
in any other court or office in any other State, by the attestation of the keeper of the
said records or books, and the seal of his office thereto annexed, if there be a seal,

\

APPENDIX. . 625

er with a certificate of the presiding justice of the court of the county or district,
as the case may be, in which such office is or may be kept; or of the governor^
the secretary of State, the chancellor or the keeper of the great seal of the State,
that the said attestation is in due form, and by the proper officer ; and the said cer-
tificate, if given by the presiding justice of a court, shall be further authenticated
by the clerk or prothonotary of the said court, who shall certify, under his hand
and the seal of his office, that the said presiding justice is duly commissioned and
qualified; or if the said certificate be given by the governor, the secretary of State,
the chancellor or keeper of the great seal, it shall be under the great seal of the
State in which the said certificate is made. And the said records and exemplifica-
tions, authenticated as aforesaid, shall have such faith and credit given to them in
every court and office within the United States, as they have by law or usage in
the courts or offices of the State from whence the same are or shall be taken.

Sec. 2. That all the provisions of this act, and the act to which this is a sup-
plement, shall apply, as well to the public acts, records, office books, judicial pro-
ceedings, courts and offices, of the respective territories of the United States, and
countries subject to the jurisdiction of the United States, as to the public acts,
records, office books, judicial proceedings, courts and offices, of the several States.

Approved, March 27, 1804.

40

APPENDIX. 627

COURTS

The State of Illinois is divided into nine judicial circuits, which are severally
composed of the following counties ; and courts are held at the following places
therein, at the following times :

FIRST CIRCUIT.

Greene — At Car,rolton, on the last Monday of March and the first Monday of
September^

Pike — At Pittsfield, on the second Mondays of April and September.

Calhoun — At Gilead, on Thursdays before the fourth Mondays of April and
September.

Jersey — At Jerseyville, on the fourth Mondays of April and September.

Macoupin — At Carlinville, on the first Mondays of May and October.

Scott — At Winchester, on the second Mondays of May and October.

Cass — At Beardstown, on the third Mondays of May and October.

Mason — At Bath, on Fridays after the third Mondays of May and October.

Morgan — At Jacksonville, on the fourth Mondays of May and October.

SECOND CIRCUIT.

Shelby — At Shelbyville, on the first Mondays of March and August.
Montgomery — At Hillsborough, on the second Mondays of March and Au<mst.
Effingham — At Ewingfon, on the Fridays after the second Mondays of March
and August.

Fayette — At Vandalia, on the third Mondays of March and August.
Bond — At Greenville, on the fourth Mondays of March and August
Clinton — At Carlyle, on the first Mondays of xlpril and September.
Washington— At JYashville, on the second Mondays of April and September.
Perry — At Pinckneyville, on the third Mondays of April and September.
Randolph — At Kaskaskia, on the fourth Mondays of April and September.
Monroe — At Waterloo, on the first Mondays of May and October,
St. Clair — At Belleville, on the second Mondays of May and October.
Madison — At Edwardsville, on the fourth Mondays of May and October.

THIRD CIRCUIT,

Marion — At Salem, on the second Mondays of March and August,
Jefferson — At Mt. Vernon, on the third Mondays of March and August,
Hamilton — At McLeansboro\ on the fourth Mondays of March and August.
Franklin — At Benton, on the Mondays following.
Williamson — At Marion, on the Mondays following.
Jackson — At Marfreesborough, on the Mondays following.

628 APPENDIX.

Union — At Jonesborough, on the Mondays following.
Alexander — At Unity, on the Mondays following.
Johnson — At Vienna, on the Mondays following.
Massa'c — At Metropolis City, on the Mondays following.
Pope — At Golconda, on the Thursdays following.
Hardin — At Elizabeth-town, on the Thursdays following.
Gallatin — At Equality, on the Mondays following.

FOURTH CIRCUIT.

Wayne — At Fairfield, on the last Thursdays of March and August.
White — At Carmi, on the first Mondays of April and September.
Edwards — At Albion, on the second Mondays of April and September..
Wabash — At Mt. Carmel, on the Thursdays thereafter.
Lawrence — At Lawrenceville, on the Wednesdays thereafter,
Crawford — At Palestine, on the Wednesdays thereafter.
Clark — At Marshall, on the Mondays thereafter.
Coles — At Charleston, on the Mondays thereafter.

Cumberland — At Greenup, on such days as may be appointed by the judge.
Jasxjer — At Newton, on such days as may be fixed by the judge.
Richland — At Olney, on such days as may be fixed by the judge.
CLAY — At Louisville, on such days as may be appointed by the judge.

FIFTH CIRCUIT.

Fulton — At Lewistown, on the second Mondays of March and August.
McDonough — At Macomb, on the fourth Mondays of March and August.
Schuyler — At Rushville, on the first Mondays of April and September.
Brown — At Mt. Sterling, on the second Mondays of April and September.
Adams — At Quincy, on the third Mondays of April and September.
Hancock — At Carthage, on the third Mondays of May and October.
Henderson — At Oquaka, on the first Mondays of June any November.
Warren — At Monmouth, on the second Mondays of June and November.
Knox — At Knoxvilk, on the third Mondays of June and November.
Marquette — At Columbus, on such days as the judge may appoint.

SIXTH CIRCUIT.

Jo Daviess — At Galena, .on the second Mondays of March and June, and the
fourth Monday of October.

Stephenson — At Freeport, on the first Monday of April and second Monday of
August.

Winnebago — At Rockford, on the second Monday of April and third Monday
01 August.

Boone — At Belvidere, on the fourth Monday of April and the first Monday of
September.

Lee — At Dixon, on the first Monday of May and the second Monday of Sep-

>er.

Whiteside— At Sterling, on the second Monday of May and third Monday of

September.

APPENDIX. 629

Henry — At Geneseo, on the third Monday of May and fourth Monday of Sep
tember.

Mercer — At. Miller sburg, on the Thursdays thereafter.

Rock Island — At Stephenson, on the fourth Monday of May arid the first Mon -
day of October.

Carroll — At Savannah, on the first Monday of June and second Monday of
October.

SEVENTH CIRCUIT.

Cook — At Chicago, on the fourth Monday of March and first Monday of No-
vember.

Lake — At Lakeport, on the third Mondays of April and first Mondays of Sep-
tember. [The judge of the Cook county court may hold any general or special
term of the circuit court in and for (he county of Lake, on the request of the pre-
siding judge of the seventh judicial circuit — -laws of 1844-5, p. 78.]

McHenry — At , on the fourth Monday of April and second Mon-
day of September.

Du Page— At Naperville, on the first Monday of May and fourth Monday of
September.

Grundy — At Morris, on the second Monday of May and the first Monday
after the fourth Monday of September.

Will — At Joliet, on third Monday of May, and the second Monday after the
fourth Monday of September.

Iroquois — At Middlefort, on the first Monday after the fourth Monday of May,
and the Monday after the fourth Monday of September.

EIGHTH CIRCUIT.

Sangamon — At Springfield, on the third Mondays of March, the fourth Mondays
in July, and the second Mondays of November.

Tazewell — At Tremont, on the Wednesdays before the second Mondays of April,
and September.

Woodford — At Metamora, on Thursdays succeeding the second Mondays of
April and September.

McLean — At Bloomingion, on the Mondays thereafter.

Livingston — At Pontine, on the Mondays thereafter.

De Witt — At Clinton, on the Thursdays thereafter.

Piatt — At Monticello, on the Mondays thereafter.

Champaign — At Urbana, on the Wednesdays thereafter.

Vermillion — At Danville, on the Mondays thereafter.

Edgar — At Paris, on the Mondays thereafter.

Moultrie— At Sullivan, on the Mondays thereafter.

Macon — At Decatur, on the Thursdays thereafter.

Christian — At Taylorsville, on the Mondays thereafter.

Logan — At Camden, on the Thursdays thereafter.

Menard — At Petersburg, on the Mondays thereafter.

630 APPENDIX.

NINTH CIRCUIT.

Marshal — At Lacon, on the third Monday of March, and the ninth Monday
after the fourth Monday of August.

Putnam — At Hennepin, on the Monday after the third Monday of March, and
the tenth Monday after the fourth Monday of August.

La Salle — At Ottawa, on the second Friday after the third Monday of March,
*nd the tenth Friday after the fourth Monday of August.

Kekdall — At Yorkville, on the fourth Monday after the third Monday of March,
and the fourth Monday of August.

Kane — \t Geneva, on the fifth Monday after the third Monday of March, and
the Monday after the fourth Monday of August.

De Kale — At Sycamore, on the sixth Monday after the third Monday of March,
and the third Monday after the fourth Monday of August.

Ogle — At Oregon City, on the seventh Monday after the third Monday of
March, and the fourth Monday after the fourth Monday of August.

Bureau — At Princeton, on the eighth Monday after the third Monday of March,
and the fifth Monday after the fourth Monday .of August.

Stark— At Toulon, on the ninth Monday after the third Monday of March, and
the sixth Monday after the fourth Monday of August.

Peoria — At Peoria, on th« tenth Monday after the third Monday of March, and
the seventh Monday after the fourth Monday of August.

REFERENCES,

"or 1st Circuit, See Laws, 1844-'5, pp. 48, 49.

" 2d « " 1842-'3,p. ISOand 1844-'5, p. 47.

« 3d " " 1842-'3, p. 131.

» 4th " " 1842-'3, p. 133, and 1844-'5, p. 48.

'•' 5th " " 1842-'3, pp. 135, 136, and 1844-5, p. 108.

" (th " " 1841, p. 109.

« 7th " " 1844-'5, p. 78.

" 8th " " 1844-'5, pp. 48, 49.

« 9th " " 1842-'3, p. 129.

VA JLl, VA

(O

"ES

STATE OF ILLINOIS.

GENERAL INDEX.

A.

ABANDONMENT, of family by father,
Of husband or wife, proof of in

trial for bigamy,
A cause for divorce,
Of husband by wife to bar dower,

173
196

200

ABATEMENT, Chapter 1, 43

Pleas in, to be sworn to, 43

Overruled plea in, plaintiff to reco-
ver costs on,
Of suits for non-joinder of defen-
dants,
After plea in, name of defendant

may be inserted in plea in,
Only one plea in, allowed,
Of suit, by marriage of feme sole,
Of suit, not produced by death

of a party, 44 97

Of suit, not produced by death of
executor, administrator, trustee
or public officer, 44

Of proceedings in partition, 45

Of suits brought by one for the

use of another,
New parties introduced after plea

in, 45

Sci. Fa. after plea in, 45

Of writ of attachment, 59, 60, 70

Of action in ejectment, 208

Of suits brought by partners, 233

Of suits brought against several, 233
Of proceedings for partition, not

allowed, 401

Of suit not produced by revoca-
tion of letters of administration, 545
Of actions of trover, detinue and
replevin, for or against execu-
tors, &c, not allowed, 563
Of legacies, when to be made,

563, 598

45

ABDUCTION, punishment of,

159

ABETTORS, OF CRIMES, to be arres-
ted, 176
Punishment of, in certain cases,

168, 169
Counselling infant to commit of-
fence, 152

page .
ABETTORS OF CRIMES—

.Compelling wife to commit of-
fence, 152

ABORTION, punishment for producing, 158

ABSCONDING DEBTOR, attachment

against, 69

Writ of ne exeat may issue against, 381

ABSENT MEMBER, of Congress, at-
tendance of, compelled, 18
Of the General Assembly^ atten-
dance of, compelled, 31

ABSENCE. (See Abandonment.}

ABSTRACTS, of accounts against col-
lectors, 79
Of taxable lands, Auditor to ob-
tain and transmit to clerks, 438
Of votes given at general elec-
tion, 219,220

ACADEMIES. Division 2, of Chap-
ter 25, 117
How to acquire estate, and be-
come incorporated, 117
Election of trustees of, how

proved, 117

Style and nower of corporation, 117, 118
Election of officers of, 118,119

Grants of real estate to, 118

Powers of officers of, 118

Expenditures cf, how defrayed, 118
Donations for benefit of,
May have treasurer,
To be open to the education of
all,

118

118

119

May be dissolved for violation of
law, 119

ACCEPTANCE, (See Negotiable Instru-
ments )

ACCESSORIES OF CRIMES who

considered, 153

Punishment of, 153

ACCIDENT, acts committed by, not

criminal, 152

634

GENERAL INDEX.

ACCOUNT, Chapter 2. 45

Of profits of real estate, who re-
quired to render, 45
Actions of, concerning real es-

" tare, 46

u By and against whom,

46, 563
'* Service of process in, 46

<e Defendant not appear-

" ing, may be attach-

" ed, 46

" After judgment in, au-

K ditors to be chosen, 46

" Duty, powers, &c. of

" auditors in, 46

" Parties may be sworn

" in, 46

u Appeal and writ o'f

K errorallowed in, 46

te Jurisdiction of chan-

'c eery respecting, 46

" Limitation of, 348

iC Executors at\d admin-

cc istrators may have, 563

ACCOUNTS, of State, Auditor to keep 78,79
Against collectors, Auditor to

"keep, 79

Copies of, certified by Auditor to

be evidence, 79

Treasurer of State to keep 79

Of Treasurer, how settled, in case

of his death, 79

Book of, to be kept by county

Treasurer, 183

Of incorporated towns, how kept, 113
Penalty for injuring or destroy-
ing, 162
Of public offices, to be approv-
ed by the Governor, 238
Of guardians, examination of, 265,267
Balance of, suit for, may be

brought beforejustices, 316

May be kept with convicts in

Penitentiary, 407

Of public printer, how settled, 423, 424
Of school commissioners, 498

Of deceased person, subject to

inspection, 556

Against estates, to be filed in pro-
bate court, 561
Of executors and administrators,
when to be settled, 562

ACKNOWLEDGMENT of chattel mort-
gages, 91
Of conveyances of real estate, 105, 106,

107
Before what officers, 105, 106, 107

In other countries or States, how

authenticated 106

Of conveyance of wife's estate, by

husband and wife, 106

Of assignments of certificates of

purchase of land, 107

Of assignments of claims to
school and canal lands, 109

PAGE.

ACKNOWLEDGMENT—

Of release of mortgage, 110

Of town plats for record 115

Fraudulent, by personating ano-
ther, 167
Of deeds, probate justices may

take 427

Of sheriff's deeds, who by 519, 109
Commissioners to take, in other

States, 580

Of power of attorney, 108

ACTIONS, criminal, not affected by

chapter 5, 51

Limitation of, against runaway ap-
prentices, 55

Limitation of, against reputed fa-
ther of bastard, 86

Of debt, for not making proper re-
turn of census 90

Of account (See Jlciount.)

In which 'defendant may be held
to bail, 80

Against special bail,

Of debt or assumpsit, for passing
unlawful notes, 84

For notes unlawfully passed, bar-
red, 84

Of debt, for not inclosing castor
beans, 89

Of debt, to recover penalty for vi-
olation of census law, 91

Of debt, for recovery of penalty
for fraudulent sale or mortgage, 92

Not to abate by death of parties, 97

Against counties, where to be
brought, 132

Owner of stolpn goods, may bring,
to recover them, 161

Of trespass for mesne profits,
substitute for, 209

Against heirs or devisees, not
barred by judgment against ex-
ecutor or administrator, 260

In which justices have jurisdic-
tion, 315

At law, not barred by judgment to
enforce lien, 348

Limitation of, 348, 349, 350

(See Limitations.*)

At law, when stayed by injunc-
tion, 382

On penal bonds, 416

Not discontinued by arrest of
judgment, 417.

On petition and summons, to be
debt, 418

In replevin, and on replevin

bonds, 433, 434

On mortgages for school monies,

502, 505

For slander, 521

For cutting trees, &c.

179, 497, 525, 526, 602

Not to be brought against execu-
tor or administrator in one year, 558

On bonds of executors and admin-
istrators for a devastavit, 562, 564

GENERAL INDEX.

635

PAGE.

ACTIONS—

Executors and administrators in

other States may brine:, in this, 596
For trespasses on canal lands 602,603
Ou contracts Cor sale of improve-
ments on public lands, 617
(See Account, Abatement, Suits, Practice.)

ACTS, committed by accident not crim-
inal, 152

List of, repealed by revised stat-
utes, 455 to 470

Repealed, not revived by repeal
of repealing act, 472

Of other States, how authentica-
ted, 624

Published with revised statutes, 567 to

618

ADDRESS, of judges out of office

ADJOURNMENT of Congress, 9, 18

Of the Genera] Assembly, 31, 32, 34
Of the Supreme Court, 143

Of the circuit courts, 146, 148

Of suits before justices, 319

Of county commissioners' court, 133

ADJUTANT GENERAL, appointment

of, 357

To reside at the Seat of Govern-
ment, 374
His salary, 238
(See Militia.)

ADJUTANTS, appointment of,

Duties of, (See Militia.)

357

ADMEASUEEMENT OF DOWER, 200,210

ADMINISTERING POISON,

158, 155

ADMINISTRATION, if not had in one

year, heir may be sued, 261
When to be granted, 540
When granted to widow, 541
When to other relations, 5-11
When to creditors, 541
Revocation of letters of, 543
When granted to preserve estate, 543
Form of letter of, 543, 549
When and to whom granted, 547
Not granted till proof of death, &c, 547
On estates of non-residents, 547
When granted to public adminis-
trator, 548
When taken from public admin-
istrator, 548
Applications for, 550
Repeal of letters of, 552, 553, 556
Repealed by production of will, 552
Completion of, under new law, 565
Letters of, from other states, how
proved, 597

ADMINISTRATOR, death of, not to

abate suit, 44

ADMINISTRATOR—

Of bail, may recover money

paid for principal, 83

To record death, &c., 87
When required to perfect title to

land, 109
Security for costs, in suits on the

bonds of, 126

When not to pay costs, 127
May sue or be sued, to set aside

fraudulent clevises, 259
Not liable in execution, unless

for mispleading, &c, 301
May redeem lands sold on execu-
tion, 302
May enforce judgments, 307
May bid off real estate, 308
May be sued before justice, 3 16
May be party to suit to enforce lien, 347
May be sued in probate court, 427, 428
Of securities, how r* leased, 493
Of creditors, compelled to sue

principal debtor, 493
Of sheriff, may' execute deed for

him, 519

Of estates, when appointed, 540
When appointed, on retusal or in-
capacity of executor, 541,542
Who entitled to be, with the will

annexed, 541
Oath of, 541,550
Bond of, 541,542,550
Widow may be administratrix, 542
How affected by division of coun-
ty, 542
Resignation of, 543
Vacancy of office of, how filled, 543
With the will annexed, to have pre-
ference in administering intes-
tate estate, 545
May sue for waste, 545
Of wife, husband entitled to be, 547
Who entitled to preference, as, 547, 597
If non-resident, to give bond for

costs, 597
Persons having priority of claims,

to be appointed, 549

Form of letters to, 5£0

Of executor, to give bond, 551
Letters of, repealed on production

of will, 551

Power of court to repeal letters of, 552
Non-resident of State, to vacate

office, 552
If one die, &c, court may appoint, 552
Liability on bond, 552
Application of provisions re-
specting, 552
Not chargeable beyond assets, 552
Acts of, how far valid, 553
W hen to give new bond, 553
To make inventory of estate, 554
To receive and file appraisement

bill, 555
When to file new appraisement

bill, 555

GENERAL INDEX.

(337

ADVERTISEMENT—

Of sales of delinquent lands for

taxes, 444

Of sale of forfeited lands, 449

Of sale of school land 499

Of estate, &c, by public adminis-
trator, 548
Of settlement of accounts of estate, 556
Of sale of claims by executor, &c, 595
Of sale of real estate of dec'd to

pay debts, 558, 559

Of notice of taking depositions, 23G, 580

Prices of publishing, 423

Of lands, cost of, to-be paid with

taxes, 451

AFFIDAVIT, in attachment before jus-
tices, 58, 62
To whom directed, its contents

and effect, 58

In attachments, may be amended, 59

In attachment in circuit court, 63
.New, may be filed in place of one

defective, 65
In attachment, how sworn to, 62, 70
When sworn to in another State,

how authenticated, 70
Of loss of warrant, 80
To hold to bail, 81
To hold to bail, who may ad-
minister, 81
Of birth, to be filed, 87
Of death, to be filed, 87
Of birth or death, if false, to con-
stitute perjury, 88
Of non-residence of defendant in

chancery, 94

As (o unknown parties, 98

For security for costs, 126
Not necessary, in suits brought by

Attorney General, 150

Of injuries to Cumberland road, 194

In actions of detinue, 195
Of refusal of debtor to surrender

effects, 282

For continuance, 415

Denying execution of writing, 415

To be filed by clerk, 416

To hold to bail on petition, 418

In replevin, 434

For change of venue, 527

AFFIRMATION, of same force as an

154, 472
False, considered and punished as
peijury, 166, 393

AFFRAYS, imprisonment for, 329

Appeals from judgments in case

of, 329, 330

Judgments in cases of, in circuit

court, ' ' 330

Proceedings on confession, 330

Limitation of suit for, 330

In towns, how prevented, . 114

Definition and punishment of, 171

Justices have jurisdiction of, 316, 329

AGE at which responsibility for crime

begins, 152

At which children may be bound, 52

To be inserted in indentures, 53

At which father may have custody
of bustard, S6

At which person may be sent to
peniten'iary, 182

At which marriage may be con-
tracted, 353

At which a person may make a
will, 536

At which one may be executor of
a will 54i

AGENTS may make affidavit to hold to

bail, 81
Of county, to lay out town plats, 116
Of county to eiect public build-
ings, 132
Of ioreign insurance companies,

to be licensed, 344

Penalty for not paying tax, &c. 344

To protect canal lands, 602

AGREED CASE, from circuit to su-
preme court, 145

AGREEMENT, destroying, defacing,

&c, 162

Fraudulent, for sale of land, 178

For over a year, fraudulent, unless

in writing, 2o8

Made by idiots, &c. void, 277

(bee Contracts.)

AIDING prisoners to escape, punish-
ment for, 168, 169
To make arrest, duty of citizens as
to, 176

AID-DE-CAMP, appointment of,
(See Militia.)

357

ALDERMEN of city, may bind vagrant

minor, 53

ALIAS, when issued,

94, 305, 413

ALIENATION of lands. (See Convey
duces, Lands, Ejectment, Reve-
nue, Schools, Witts.)

ALIENS, Chapter 4, 47

Right of, as to real estate, 47

May transmit real estate, 47
Heirs of, may inherit, or take real

estate by devise, 47
Personal estate of, how held and

transmitted,. 48
Widow of, entitled to dower, 198
Abstract of U. S. laws, for nat-
uralization of, 619

ALIMONY, circuit court has jurisdic-
tion of, 196
May regulate after divorce, 197

638

GENERAL INDEX.

ALLEGATIONS of bill, when proof of,

required, 95

Of bill to be fully answered, 96

ALLOWANCE to widow, on death of

husband, 2U2, 546, 555, 597. 59?

ALTERING marks and brands, 161

Records, &c, by officers, 167

Landmarks, 162

AMENDMENTS AND JEOFAILS,

Chaptkr. 5, 48
Various provisions concerning-, 51
Not to affect criminal proceed-
ings, 51
To apply to acts for protecting
canal lands, 603

AMENDMENT, of constitution of the

U. States, how made, 23
To constitution of the United

States, 25
To constitution of Illinois, how

made, 37

Of records, process and pleadings, 48

Of writs of error, 51
Of writs ol attachment, 59, 60, 65, 66

Of proceedings in chancery, 97

(See Courts, Chancery, Practice.)

AMOUNT, of justices jurisdiction, 335,316

AMUSEMEN TS, on the Sabbath forbid-
den, 177

ANCIENT RECORDS, how authenti-
cated, 432

ANIMALS, malicious injuries to, 179
Penalty for driving off, by dro-
vers, 203, 579
Estray, how dealt with, 227, 228, 229
Breaking through lawful inclo-

sure, 281

Marking and branding of, 352

ANSWER, of garnishee to interrogato-

tories, 67
To bill in chancery, to be sworn

to, 95
To bill in chancery, when to be

filed, 95

When need not be sworn to, 96
How far to be evidence, 96,97
When insufficient, other to be

filed, 96

Supplemental, when required, 96

" costs thereon, 96

To be full, 96

To cross bill of defendant, 96
To cross bill, not required, until

defendant has answered, 96
If insufficient, party answering to

pay costs, 99

Time for filing, extended, 97

PAGE.

ANSWER—

Not to be used as evidence on in-
dictment, 97

In d'tvorse cases, need not be on
oath, 197

To petition in dower to be sworn
\°> 201

Of defendant, concerning gaming
contracts, 264

Of defendant in suit to enforce me-
chanics' lien, 346

To complaints, for obtaining ne
exeat and injunctions, 382.383

ANTE-NUPTIAL, children legitimated

by marriage, 86, 547

APPARATUS, for counterfeiting, - 164

APPAREL, (See Wearing Apparel.)

APPEALS to Congress, in differences

between States, how tried, 7

From judgments of justices, 323

From justices, how tried. ' 325

Of justices and constables, 333

In mandamus cases, 351

From circuit to supreme court, 420
From probate justices, 267,426,427.
429, 564, 596

In cases arising on informations, 430

In trials of the right of property, 475
From assessment of damages in

procuring right of way, 478,489

From assessments of damages,

change of venue in trials of, 527
Jurisdiction of«Cook county court

i", 574
From decisions of Cook county

court, 575
From decisions of Jo Daviess

county court, 577

APPEAL, in actions of account, 46

Of apprentice or mister to cir-
cuit court, 54
Bond, required of apprentice, 54
From awards, 57
In attachment cases, 69
From justices of the peace, costs

on, ]28

To supreme court, costs on, 128

From county commissioners court, 135
Trial and judgment in circuit

court, 136, 325

Of suits brought for trespass on
Cumberland road, 194

From judgment in election con-
tests, 224
From judgment concerning es-
cheated lauds,. 226
Allowed in forcible entry and de-
tainer, 257
Bond in forcible entry &c, its

condition, 257

From proprietors of common
field to circuit court, 279

GENERAL INDEX.

639

PAGE.

APPEAL—

From decision of probate court,

in insolvent cases, 284

Bond required in insolvent cases, 284
Bonds on justices judgments, 323, 325
Effect of, from justices judg-
ments, 323, 324
Bond, new, when permitted to be

filed, 325,528

When dismissed, 325

Rights and liabilities of parties to

trials on, 325

In case of assaults and affrays, 329

From justice in license cases, 344

From judgments for or against the

State, 394

One defendant in circuit court may 420
From order of judge, for seizing

records, &c, 433

From order for sale of real estate, 559
From appraisement of damages on

the canal, 613

APPEARANCE, of defendant in attach-
ment 60
Of defendant in bastardy, 85
Of defendant in chancery, 95, 200
Of witnesses, to prosecute offen-
ders, 191
Entry of, in suits for dower, 201
Of defendant in ejectment, 205
Of defendant in circuit court, 415

APPELLATE jurisdiction of Supreme

Court, 143, 144

Of circuit courts, 3i3, 325

Of Cook county court, 574, 575

Of Jo Daviess county court, 576, 577

APELLANT, and Appellee (See Appeals.)

APPENDIX, to revised statutes

569

APPLICATION to set aside award, when

made, 57
For discharge as insolvent, to

whom made, 282

For writ of certiorari, 325

For writ of ad. quo I damnum, 378

For change of venue, 527

(See Petitions.)

APPORTIONMENT of Senators and

Representatives, 40

APPRAISEMENT, of estrays, 228

Of estates of deceased persons, 554
Bill of, to be filed in probate

court, 551

Bills of, may be reaJ in evidence, 555

Compensation for making, 555

Of canal property, 611

APPRENTICES, Chapter 6, 51

Regulations as to, 37
At what age, minor may be

bound, 52

Who may bind, 52

APPRENTICES—

Age of, to be inserted in inden-
tures, 53
Education of, and provision for,

at end of term, 53
Exception as to negroes, &c. 53
Amount of compensation, to be in-
serted in indentures, 53
Compensation to be secured to ap-
prentice, 53
Complaints by and against, 53
May be discharged, punished, or

re- bound, 54

May be arrested on warrant, 54

Liable to costs, 54

May appeal to circuit court, 54

Counselling to abscond, &c. 54

I 'oncealing, punishment for, 54
Not to be removed out of State,

without consent, 54
Proceedings and discharge, if re-
in val attempted, 55
Discharged by death of master, 54
Running away, to be liable for

damages, 55
Liable to action on the case, after

expiration of term, 55

Carrying away goods ol master, 162

Law applicable to vagrants, 175

Receiving, harboring, \.c. 1&0

APPROVERS, not to give testimony, 154

ARBITRATIONS AND AWARDS,

Chapter 7, 55

Who competent to arbitrate, 56
Submission to arbitrators, its

etfVct, 56

Fees of officers in, 57

Entry of reference made, 58

ARBITRATORS, their appointment and

duties, 56
Their powers, 56, 57

May attach and punish witnesses, 56

May administer oaths, 57

May punish contempts, 57

Misbehaviour or mistake of, 57

Their fee| 57, 248

Compelled to report, 57

Matters in suit, may be referred to, 321

ARDENT SPIRITS, (See Spirituous li-

quois, Licenses.')

ARITHMETIC, apprentices to be in-
structed in, 53

ARMIES, Congress may raise,

19

ARMS, States to keep, &c. 6

Right of people to bear, may not

be infringed, 25

What persons not required to

bear, 36, 356,362, : 64, 371, 372,378
Governor to supply militia

with, 364, 365

640

GENERAL INDEX.

ARMY, State not to keep, without con-
sent of Congress, 6

And Navy to be officered and

controlled by Congress, 8

Governor to be commander-in-
chief of. 34

ARMORY, at Fort Massac authorized, 607

ARREST, privilege of members of Con-

giess from, 6, 18

Privilege of members of General

Assembly, 31

Of militia, from, 36
Of attoroies, judges, sheriffs,

clerks, &c. 74
Of debtor, on affidavit to hold to

bail, 81

Of principal, by bail, 82

Of father of bastard, 85
Of persons, for debts due the

State, 150
Unlawful, how punished, 159
Citizens required to aid in ma-
king, 176
Of judgment in criminal cases, 181
Of persons indicted, 183
Instanter, in criminal cases, 184
Of offenders, 190, 191, 192
Of fugitives from justice, 261
Second, of prisoner, once dischar-
ged, 273
And trial of militia officers, 366, 367,

368

ARREST OF JUDGMENT, not to dis-
continue action, 417

ARSON, definition and punishment of, 160

Intent to commit, 160

ARTICLES OF CONFEDERATION, 4
How altered, 9
Ratification of, 9
To be published with Revised Stat-
utes, 470

ARTILLERY, 359
•(See Militia.) •

ASCENDING BOATS, rules regulating, 522

ASSAULT AND BATTERY, in towns, 114

Definition of, 159

Justices have jurisdiction of, 316, 329

Appeali in cas« of, 329, 330

Judgment of in circuit court, 330
Judgment by confession, before

justice, 330

Limitation of prosecution for, 330, 349

ASSAULT, definition of, 158

With intent, punishment, 159

With deadly weapons, 159

Upon officer, punishment for, 167, 168

ASSEMBLAGE, unlawful, 171, 389, 390

ASSEMBLY, General, (See General As-
sembly.)

ASSENT of wife, to conveyance in lieu

of dower, 199

ASSESSMENT of yearly value of wid-
ow's dower, 202
Of widow's damages for delay, 202
Of value of improvements on land?, 211
Of damages, when by clerk, 415
Of damages in replevin, 434
Of property for taxation, 439,440
When to be completed, 440
Correction of, on complaint, 440
Of forfeited lands, 450
Of canal lands, 590
Of tax to pay interest on State
debt, 599

ASSESSOR, county treasurer to he, ex

officio, 438

Oath to be taken by, 438

To receive annually, lists of taxa-
ble lands, 438

To make out lists of taxable prop-
erty, 439

Form of tabular list, 439

To assess property, and how,

439,440, 606

To list and assess property omit-
ted, 440

To return list of assessed prop-
erty, 440

Treasurer, how punished for not
performing duty as, 452

Vacancy to be filled by county
commissioners' court, 452

Fees of, 452

Duty of, respecting redeemed
lands, 589

ASSIGNEE, of insolvent debtor, appoin-
ted, 283
Duty of, as to custody and sale of

estate, 284, 285

Of insolvent, his fees, 286

Of note, rights of, 385

Must use diligence, 385

ASSIGNMENT, of delivery bond, 65
Of certificate of purchase of land,

how acknowledged, 107
Of certificate of purchase of

school and canal lands, 108
Of errors in supreme court, 145, 188
Of dower, provisions respecting,

200, 202, 210
Of gaming securities, not to affect

defence, 264

Of effects of insolvent debtor, 283
Of certificate of purchase of land

by indorsement, 303

Payment, not good, after notice of, 385

Of breaches of penal bonds, 416

GENERAL INDEX.

641

PAGE

PACE.

ASSIGNMENT—

ATTACHMENT—

Of negotiable instruments, when

Writ of, how to issue against joint

not necessary to prove,

421

debtors,

62

Right of property may be tried in,

62

ASSIGNOR, rights ajd liabilities of,

385

\ Hidavit hi, how sworn to.

62

Construction and application of,

62

ASSOCIATE JUSTICES, (See Justices,

Chapter 1, toapply to attachments,

621

Judges, fyc. )

in behalf of the State,

What property exempt from,

150

ASSUMPSIT, action of, for passing

64, 306,

572

unlawful notes,

8-1

ATTACHMENT, in Circuit Court,

Jurisdiction of justices, in actions

Chapter 9,

62

of,

315

Affidavit to be filed, contents, Sue,

63

ATTACHMENT, of defendant in ac-

Writ of, form thereof,

63

tion of account,

46

Writ of, how executed,

64

Award enforced by,

57

Pursuit of removing property,

64

Writ of, not to abate for want of

To be served on defendant,

64

form,

59

Bond to be taken, form of,

64

For non-payment of fine,

91

When void,

64

To enf rce decree,

94

Joint debtors and partners, how

Of party disobeying decree,

99

proceeded against, 6^

. 65

Of jurors, for not attending before

Defendants, by what names may

justice,

322

be summoned,

65

Ot party violating injunction,

383

Heirs, executors, &c, subject to

Defendant in, when may bring re-

attachment,

65

plevin,

433

Not to be quashed for want of

Of delinquent executor or admin-

form,

65

istrator,

562

May oe quashed on issue of plea

By court of probate, for contempts.

564

in abatement,

65

Lots in burying grounds, not sub-

May be amended, 59, 60, 6."

>, 66

ject to,

572

Officer to retain custody of pro-

Of witnesses, 56, 1S4, 223, 322

537

perty,

65

ATTACHMENT, before Justices, Chap-

Defendant may, however, retain it,

ter 8, 58,

316

by giving bond,

65

Affidavit to be filed, its contents

Bond, when returned into court.

65

and eifect,

58

Bond may be assigned to plaintiff,

65

Writ of, to whom directed, effect

Liability of sheriff', if bond in-

and return,

58

suificient,

65

Bond required, form thereof,

59

Proceedings against sheriff,

65

Duty of constable in executing

Rights and remedies of sheriff in

writ,

59

such case,

65

When quashed, 59, 60

Sheriff not taking bond, liable,

65

Service and return of.

60

May be ruled to return bond,

65

Heaiing of, before justice,

60

Garnishees to be summoned, 66,

307

Continuances in cases of,

60

Publication of notice of pendency

Notices to be posted,

60

of suit,

66

Sale of property,

60

If defendant put in bail, estate re-

Garnishees, when to be summon-

leased.

66

ed, 60,

307

Judgment in,

66

Duty of justice, on return of gar-

Effects in hands of garnishee liable,

67

nishee process,

60

Sci.fa.-to issue,

67

Proceedings against garnishee,

61

lnterrogaiories to garnishee,

67

Judgment against garnishee,

61

If answers to interrogator.es be

Judgment against defendant, and

not satisfactory, trial to be ;.

67

its eifect, 60,61

Judgment in such case, and costs,

68

Judgment, when to authorize sale

Depositions of non-resident wit-

of property only,

61

nesses,

68

Defendant in, may retain proper-

Noti :e to be given,

68

ty by giving bond,

61

Dedimusj

68

Return of bond, and suit thereon,

61

Other parties interested, may in-

Pro i mtion of property

terplead.

68

taken in,

61

Right of property, trial of,

68

Preference, if property be removed,

61

* Costs in such case.

68

Defence of garnishee,

62

Judgment by default,

(8

Stay of execution against garni-

Execution against whom and what

shee,

62

property,

68

Delivery of effects by garnishee,

62

If defendant plead, effect of judg-

ment,

68

•1!

042

GENERAL INDEX.

ATTACHMENT—

Perishable property, may be sold, 68
Defendant may replevy property, 68
Proceeds of sale of perishable

property, 69

Served on slaves, servants or other

live stock, 69

Officer attaching, to subsist slaves,

stock, &c, 69

Compensation for such subsistence, 69
Set off by defendant and garnishees, 69
Assets collected, how divided a-

mong creditors, 69

May be served on Sunday in cer-
tain cases, 69
Writs of error and appeals allowed, 69
Defendant may have property le-

stored, by giving bond, 70

Dissolved and pioperty released, 70
Plaintiffs in sundry actions, may
have writ of, after commence-
ment of suit, 70
Writ of, may be issued to -any

county, 70

Affidavit, how sworn to, 70

May be sworn to out of State, 70

Against joint debtors and partners, 70
Construction of chapter on, 70

Provisions of chapter 1, applica-
ble to, 70
Of land in another county, when

not binding, 305

What property, exempt from,

64,306,572
Declaration in, 417

ATTACHMENT of Boats and Vessels,
Chapter 10, boats, vessels, lia-
ble for work, materials, &c, 71
Who may have, and when issued, 71
In what name issued, 71
Seizure and detention of boat, 71
Release, on bond being given, 71
Effect of bond, 71
Return of writ, and filing of decla-
ration, 71
Engineers, Sec. employed on boat,

may attach, 72

Boat may be discharged, if bond

for payment of claim, be given, 72
Boat liable, however, to be taken

in execution, 72

Li»n of creditors, provisions con-
cerning, 72
Lien not to hold, after three months, 72

ATTACHED PROPERTY, (See At-
tachments.}

ATTEMPT, to bribe, 166, 167

To escape, aiding prisoners in, 168, 169

ATTESTATION, of seal of officer taking

foreign acknowledgments, 106

Of wills, 536, 537

ATTORNEYS AND COUNSELLORS

AT LAW. Chapter 11, 72

73

ATTORNEYS, &c.,—

None to practice as, unless li-
censed,

To file certificate of moral char-
acter, 73
Roll of, to be kept by the Clerk

of the Supreme Court, ** 73

Not to practice until enrolled, 73

May be stricken from the roll, 73

Proceedings against, for refusing

to pay over money, 73

Disabilities of, when stricken from

the roll, 74

Arrest of, and privilege from, 74

What officers not to practice as, 73, 74
To be sworn, 74

May be compelled to pay costs, 126
Required to produce authority for

bringing suit in ejectment, 206

Not competent jurors, 308

Confession of judgments by, 417

From other States, on what terms

to practice, 74, 75

Not to be special bail, 80

Suspension of, for bairatry, 170

ATTORNEY, may make affidavit to

hold to bail, 81

Power of, to be acknowledged and
recorded, if relating to real es-
tate, 108

Penalty for receiving money as, by
person not licensed, 74

Penalty for signing name of, with-
out authority, 75

Party may manage his own cause,
without, 75

Prosecuting, for Cook county
court, 576

u For Jo Daviess county court, 578

ATTORNEY GENERAL AND CIR-
CUIT ATTORNEYS, Chap-
ter^, 75

ATTORNEY GENERAL, election of, 40, 75
Term of office, commission and

residence of, 75, 394

To be ex officio circuit attorney, 75

To give bond, its condition^ 75

Additional bond may be required, 76
If not given, office to be vacated, 76
To attend Supreme court, try im-
peachments, 76
To give legal advice to officers of

State, 76

To attend circuit court in his cir-
cuit, duties, 76, 144
To attend examinations on writs

of habeas corpus, 76

When disabled, court to appoint

substitute, 76

May call upon circuit attorneys to

assist him, 77

Vacancies may be filled by the

Governor, 77

May proceed against academies
by quo warranto, 119

GENERAL INDEX.

643

PAGE.

ATTORNEY GENERAL—

Entitled to copy of reports of Su-
preme Court,

May commence suits without affi-
davit,

Required to prosecute official de-
linquents,

Bribery of,

Removal of, for malfeasance in of-
fice,

Entitled to fee from malicious pro-
secutor,

To attend canvass of votes taken
at general election,

Duty of, respecting escheated
lands, 225,

Salary and fees of, 238, 243

Entitled to copies of the laws, 338

Exempt from militia duty, 372

Required to prosecute and defend
for Auditor, 394

When to file informations, 429

145

.150

170

ISO

220
226

ATTORNEYS, Circuit.
Attorneys.')

(See Circuit

AUDITOR AND TREASURER, Chap-
ter 13, 77
(See Auditor, §-c, and Treasurer
of Stale.)

AUDITOR OF PUBLIC ACCOUNTS,

election of provided for, 40, 77

Term of office, 77

Shall give bond, its condition, 78

Commission not to issue until bond

is filed, 78

If bond not filed in twenty days,

office vacated, 78

Shall keep an official seal, its use, 78
Governor to approve bond, 78

Governor may require additional •

bond, 78

Bond of, when prosecuted, 78

Effect of judgment on official bond,

as to securities, 78

To keep accounts of the State,

audit accounts, &c, 78

Shall issue warrants, and keep re-
cord thereof, 78
Shall personalty sign warrants,

&c, 78

Shall, before delivering warrants,

present them to treasurer, 78

Shall keep list of accounts audited, 79
And of taxes and moneys due the

State, 79

Shall report to General Assembly, 79
Shall s«nd abstracts of taxes due,

to collectors. 79

Certified copies of such abstracts

to be evidence, 79

Shall issue quietusses, 79

Abstract of report to be printed

with laws, 79

May issue duplicate warrants for

those lost, 79

PAGE.

AUDITOR OF PUBLIC ACCOUNTS—

To require affidavit of such loss, 80
And security against loss by State, 80
To keep his office at the seat of

government, 80, 394

Shall institute all suits in behalf of

State, 8,)

And treasurer, not to employ same

clerks, 80

May take acknowledgments of as-
signed certificates, 107
Entitled to copy of reports, 145
To pay bills of costs due from the

State, 150

To give notice of delinquencies t,o

the Attorney General, 150

Official statement of, to be evi-
dence, 150
To attend canvass of electoral

votes, 214

Duty of, respecting escheated

lands, 226

Salary and fees of, 237, 239, 450

To pay bills for furnishing office

of clerk of Supreme Court, 250

Entitled to copy of the laws, 338

To prosecute and defend for the

State, 394

Not bound personally, 394

To report to General Assembly,

all judgments against the State, 395
To aid in settling accounts of pub-
lic printer, 423
To obtain abstracts of taxable

lands, 438

To transmit abstracts to clerks, 438
To receive returns, 440

To charge State tax to collectors, 440
To receive and file bonds of collec-
tors, 441
To bring suit on collectors' bond, 441
Duty of, in case of double pay-
ments of taxes, 443
To credit collector with delinquent

list, 443

To receive and file list of adverti-
sed lands, 445
To receive lists of forfeited lands

redeemed, 449

To furnish county clerks with lists

of forfeited lands, unredeemed, 449
To execute deeds to forfeited lands, 450
His fee therefor, 450

To proceed against defaulting col-
lectors and clerks, 450
Dutr, as to interest on school fund, 452
To credit collectors for erroneous

sales, 453

Report of school commissioner to

be tiled with, 501

To grant patents for school lands-
sold, 501
To make dividend of school fund

among counties, 510

To draw warrants in favor of

school commissioners, 510

Sheriff to settle with, 516

Duty of, on redemption of lands, 589

644

GENERAL INDEX.

AVOWRY and cognizance,
when made,

jene rally.

AWARD, how drawn up and signed,
Copies to be delivered to parties,
May be iiled, if not complied with,
Notice and final judgment,
Execution to issue on judgment,
Court may enforce compliance

with,
When set aside or amended,
When application to set aside, to

be made,
Appeals and writs of error allow-
ed,
Justice may enter judgment on.
Of value of materials taken for

bridges, &c,
Of damages in securing right of
way, '

AUDITOR'S WARRANTS, receivable

for taxes, 140 j

Collectors not to speculate in, 1:0

How to be cancelled, 79, 569

AUDITORS, in actions of account, 46

AUTHENTICATION, of affidavits in
attachment, when sworn to out
of State, 70

Of oath to answer in chancery, 95

Of acknowledgments of deeds,

105, 106, 580
Of justices' judgments, &c, ' 232

Of Executions issued to other

counties, 323

Of deeds, from Randolph county

records, 432

Of the Revised Statutes, 471, 618

Of letters of administration, wills,

&c, from other States, 596

Of statutes, records, &c, from other
States, 624

AUTHORITY, for bringing suit in e-

jectment, attorney to produce, 206

AVERMENTS of declaration in eject-
ment, 205

434

57
57

57
57

57

57
57

57

57
321

488

489

B.

BAIL, Chapter 14, 80

Right to have, secured, 14,38

Excessive, not'required, 26

In attachment, 66

qualified to be special, 80

In what cases defendant may be

heid to, • 81, 317

Affidavit required on part of

plaintiff, 81,317

What facts must be sworn to, 8J, 317
Capias to issue on filing affidavit, 81

BAIL—

Order on capias to hold to, 81

Sheriff to take bail,

J ii actions for damages, only, 81

How discharged, si

Bond, to he taken by sheriff, con-
dition thereof, 81
Bond, return of, with writ, 81
Bond, sheriff neglecting to take,

liable, si

Bond, sheriff liable for insuffi-
ciency of, 81
Special, when sheriff to stand as, 81
Judgment against sheriff, 81
All bail deemed special, 82
May be proceeded against by ac-
tion of debt, 82
Prosecuted, in whose name, 82
May arrest principal, 82
Objections to sufficiency of, 82
Sufficiency of, how tried, 82
May surrender principal, 82,318
Surrender, how made if in .term

time, 82

How, if in vacation, 82

Notice of surrender, 82

When discharged, 82,318

Costs to be paid, 82

Defendant committed to jail, 82

Defendant may give other bail and
. be discharged, 82

Sheriff may fake new, 82

May arrest and detain principal, 82
Circuit court may admit to, after

indictment, 183

Not to be sued until ca. sa. against

principal be returned unsatisfied, 83
Service of ca. sa., 83

Directions of plaintiff to be disre-
garded, _ 83
May have judgment against prin-
cipal for money paid for him, 83
Notice of motion for judgment, to

be given, 83

May plead death of principal in

h'ar, 83

Shall, however, be liable for costs, 83
Dischargi d, if principal be arrest-
ed for crime, 83
Exoneretur, to be entered, if prin-
cipal be discharged as an insol-
vent debtor, 83
Sci. fa. not allowed against, 84
When required from debtors ofthe

150
In criminal cases after indictment, 183
Court lo fix amount of, in criminal

cases, 183

Officer arresting indicted person,

to t.iU , 183

In criminal cases, may surrender

principal, 187

Person obtaining writ of error

may have, 188

Not allowed to certain offenders,

191,194

GENERAL INDEX.

645

BAIL-

When allowed to offenders, com-
mitted on examination, 191
Required, in actions of detinue, 195
Rights of, in detinue, 196
Right of plaintiff against, in de-
tinue, 196
May be reduced, 196
Fugitive from justice may give, 2<>2
In habeas corpus, -71
May have habeas corpus, to bring

out principal, 274

When to be taken by justices, 317

When required in action of tres-
pass or trover, 323
Suit and summons against spe-
cial, 328,329
In actions on petition and sum
Dions,

BAILEE, larceny by, how punishod,

BAILIFFS, action of account against,
Not to be special baii,

BAIL BOND, to be taken.
Condition of,

418
162

Slit on, return of, sufficiency or', 81, 82
To stand as security ti sheriff, 82
Sheriff may sue on, or arrest prin-
cipal, 82
When suit may be commenced on, 83
Condition of, in criminal cases, 183
Not set aside for want of form, 183
Given by party obtaining writ ot

error, 188
In detinue, effect of, and remedy

on, 195, 196

May be cancelled on surrender of

defendant, 196

Required of arrested fugitives, 262
Before justices, conditions of, 317,318

Suit oil and its consequences, 318

BALLOT, election by, 35

BANK NOTES, of less denomination
than live dollars, circulation of,

forbidden, 48
Penalty for circulating, and how

recovered, 84
Of banks of this State, not forbid-
den, 84
Obligations taken for, void, 84
Plea and defence, respecting, 84
Consideration for, not recoverable, 84
Action for, barred, 84
Forged, having or passing, 164

BANKRUPTCIES, Congress may estab-
lish laws respecting, 19

BANKS, provision as to establishment

of, 39
Pretended, punishment for passing-
notes of, 84

BANNS of marriage, (See Marriage*.)

BARGAIN, Grant and Sell, con-
strued, lOTi

BARRATRY, definition and punish-
ment of, 1 70

BARRICADE, across re ids, removal of, -17 !

BASTARD, support of, Ki
Father to have custody of, at three

years, 86
Legitimated by intermarriage of

parents, 86, 517

Killing of, concealing death of, 157

BASTARDY, Chapter 16, 85

Justices may hear complaints in

cases of, 85

• Circuit court to have jurisdiction

of, •
Trial of, in circuit court, 85

Trial not to be ex parte, 85

Cause continued to await birth of

child, 85

Prosecutions in, to be made in two

years, 8b

BATTALIONS, formation of, &c. 3o*.»

(See Militia.')

BATTERY, (See Assault and Battery.)

BATTLE, trial by, abolished, 182

BEATING, unlawful, constitutes assault

and battery, 159

Officer, punishment for, 167, 163

BEEF, inspection of, 287

BEGGARS, dealt with as vagrants, ' 175

BEGGING, minor found, may be bound

out, 52

BENEFIT, of Clergy, abolished, 182

From opening road, to be assess-
ed, tec. 478, 477

BEQUESTS, (See Dower and Wills.)

BETTING, punishment for, 174

On elections, punished, 224

On games, unlawful, 263

BIBLE, apprentice entitled to, 53

To be furnished to convicts in the
penitentiary, 406

BIGAMY, definition and punishment of, 173
Proof necessary to establish
charge of, 173

BILLIARD TABLES, impoiting or

telling, 174

646

GENERAL INDEX.

BILLS, how passed, notwithstanding

objections, 35, 337

When not returned in time, to be-
come laws, 35, 337

BILLS OF BANKS, (See Banks.)

BILL, in chancery, suit commenced by, 93
Filing of, 93
For injunction, when filed, 93
In chancery, when taken for con-
fessed, 94
Service of, on non-resident defen-
dant, 94
Taken for confessed, 94
Cross, may be filed by defendant, 96
Complainant required to answer

cross bill, 9$

C.'oss, dismission of, 96

Of discovery, filed after execution, 97

Costs on dismissal of. 128

To enforce mechanic's lien, 345

To obtain writ of ne exeat, 381

For writs of injunction,

382, 383

EILL OF COSTS, (See Costs and Fee Bill.)

BILLS OF EXCHANGE, made for use

of counties, 132

Counterfeiting, 163, 164

Fictitious, having or passing, 164

Not to be used as a circulating

medium, 175

Damages on protest of, 384

(See Negotiable Instruments.)

BILLS OF EXCEPTIONS, in criminal
cases,

If

In civil cases,

416, 417

BILLS OF INDICTMENT, (See In-
dictment.)

BILLS OF PARTICULARS, in attach-
ments of boats, &c.
In cases in circuit court,

71
415

BILL OF SALE, operating as mortgage,

effect of, 92

Of property of estate, to be filed, 557

BILLS for revenue, to originate in House

of Representatives, 19, 33

How may become laws, 19
Re-consideration and passage of,

in case of veto, 19
May originate in either House of

General Assembly, 32
To be signed by Speaker of both

Houses, 32

BINDER, public, to give bond, 425

Duties of, 425

Time allowed for work, 425

How paid, 425

Penalty for neglect of duty, 425, 471

BINDING, for State, secretary to con-
tract for, 424, 425
Prices of, 425
Of the Revised Statutes, 471, 472

BIRTHS AND DEATHS, Chapter 17, 87
Clerk of county commmissioners'

court to keep record of, 87

Entry to be made by clerk, form

thereof, 8S

BLACKS not to be witnesses,

154, 237

BLANKS, for public officers, how naid

for, 238

BLASPHEMY, punishment for, 177

BLOCKS, unimproved town lots, to be

assessed in, 44!)

BOATS, attachment of, 71

May be taken in execution, 72

Lien of creditors on, 72

Injuries to, cutting loose, &c. 119

Adrift, taking up, 230

Ferrymen to keep, 252

Rules regulating the running of, 55 i

BODY, of the dead, removal of, 176, 182

Of convicts, when surgeons may

have, 182

Found dead, duty of Coroner, res-
pecting, 517, 518

Suspected slayers of, may be ar-
rested, 518

May be taken for concealment of

property, 327

Execution against for tort and

trespass, 301, 328

May be taken in execution for re-
fusal to surrender estate, 282

BOND, apprentice to give, on appeal, 54

Arbitration, filed, 57
In attachment, form of, 59, 64
For delivery of goods taken in at-
tachment, 61, 65
New, may be filed in place of one

defective, 65
In attachment, when assigned to

plaintiff, 65
When insufficient, sheriffliable, 65
Rein«>oy of Sheriff on, against de-
fendant, 65
Sheriffliable for not taking, 65
Sheriff may be ruled to return, 65
Defendant in attachment to give, if

property restored, 70
On release of boats and vessels

seized, 71, 72
Bail, Sheriff to take, condition of, 8t
Required of father of bastard, 85
For support of bastard, 8l>
To support bastard, when dis-
charged, 86

GENERAL INDEX.

64'

BOND—

Money arising from, to be paid to

guardian, 86

For conveyance of land, how en-
forced,- 109
For costs, when plaintiff to give, 126,327
What action dismissed for want of, 126
For use of counties, effect of,
On aopeal from county court,
Of delinquent officer, prosecuted

in Supreme Court,
For costs, not required of the

State,
Punishment for burning, &c.
Given by vagrant, to support him-
self,
Fraudulent, for sale of land,
Of defendant in detinue, 195, 196

On appeal in forcible entry and
detainer

132
135

134

150
162

175

178

57

For co ti, in case of fugitives, 262, 263

Required of guardian, 265

For costs, in suits by minors, 267

To be given by conservator of
i Hot, &c.

Required in appeals of insolvent
cases,

For delivery of goods taken in ex-
ecution, 306,326

On appeal from justice's judg-
ment, 323, : 29

On appeal, when insufficient, how
corrected,

Required on certiorari,

In appeals in cases of assault, &c.

Required on issue of writ of we
exeat,

Required on issuing writ of injunc-
tion,

On appeals to Supreme court.

Not allowed except judgment be
final,

In replevin,

For appeal from trial of right of
property,

What, not affected by sec. 3, of
chapter 97,

To prosecute and show title to
land,

Of executors and administra-
tors, 541, 543, 549

Of administrator of an executor,
&c,

Additional, when demanded,

Of legatee, to refund,

Of lessee of penitentiary,

Of canal, to be registered,

Of officers, &c. (See Official
Bonis. )

277
2S4

325
325
329

381

382
420

420
433

475

494

525

551

553
563
583
601

BOOKS OF ACCOUNT, to be kept by

county treasurers, 13^

When to be produced on trial, 415

Of deceased persons, open to in-
spection, 556

BOOKS for public officers, how paid for, 238
In State library, provisions respect-
ing, 340

BOUNDARIES, of Illinois, prescribed, 30
Of incorporated towns, defined, 112
Of counties, 135

BOUNDARY TREE, penalty for de-
stroying, 162

BOUNTY LANDS, (See Lands.)

BOUNTY on wolf scalps, county courts

may give, 566, 599

BOXING trees, &c, (See Trespass.)

BRANDING, beasts of others, how pun-
ished, 16]
Of beasts, by owner, 352

BREACHES, of trust, by clerks or ser-
vants, 162
Of the peace, duty of officers to
prevent, 171

BREAKING down jail, 179

Down hedges, bridges, &.e.,

175, 179, 483

BRIBERY, definition and punishment of, 166
Attempted, how punished, 167

BRIBE, receiving, how punished, 167, 292
Offering, how punished, 167, 292

170
177

BONDS, Bills and Notes, to be used as
a circulating medium, penalty
for issuing, 175

Given for gaming purposes, void, 263
Negotiability of, 384

BONUS, to be paid by lessee of peniten-
tiary,

583

BRIBING jurors,

Voters, penalty for,

BRIDGES, obstructing or injuring, 175, 179

Supervisors to keep in repair, 482

Obstructing, penalty for, 482

Burning, injuring, &c, 482

Supervisor may take materials for, 488

BRIGADE, how formed and officered, 356, 357

BRIGADIER GENERAL, appointment

of, (See Militia.) 357

BRIGADE MAJOR, appointment of, 357
(See Militia.)

BROKERS, to procure license and pay

tax, 437
Penalty for doing business with-
out license, 437

BROTHERS, sisters to support, when

poor, 402

And sisters, share of. in estate, 546

648

GENERAL INDEX.

BUCKMASTER, S. A., act leasing pen-
itentiary to, 582

BUILDINGS, for academies, 118

Count}', county courts to erect and

control, 131, 132

"When classed as real property, 436

Of State, &c, ' 491,492

BURDEN of proof, of insufficiency of

bail bond, 82

BURGLARY, definition and punishment

of, 1G0

BURNING, dwelling house, &c., 159, 160
Writings, &c, 162

Hay and grain, punishment for, 179
1: ridges, 4fs3

BURYING GROUND, acquired by gift, 100

Exempt from taxation, 437, 572, 614
Lots in, not subject to execution or

attachment, 572

BUSHEL, standard defined, 532

BUYING stolen goods, 161

BY-LAWS of incorporated towns, 112

Of religious societies, 120, 121

Of academies, ] 17

Of library associations, 123, 124

Of fire companies. 125

Of independent militia companies, 376

BY-STANDERS, to be placed on jury,

149, 184, 310

c.

CALENDAR, month and year, 472

CAMP-MEETING ground, exempt from

taxation, 615

CANADA, admission of, into the con-
federation, 9

CANAL, and subjects relating; thereto,
(See Illinois and Michigan Canal.)

CANCELLING, Auditor's warrants, 79,569

CAPIAS AD RESPONDENDUM, is-
suing of, on bond and affidavit,
In suits commenced by petition
and summons,

In behalf of the State,

CAPIAS AD SATISFACIENDUM,

To be issued pnd returned before

suit on bail bond,
For insolvent debtor, refusing to

surrender,

81

418
150

81

83

282

CAPIAS, for persons indicted, 183

When returnable, instanler, 184

For injuries to Cumberland road, 194

For driving off stock, 203

Service of, 413

For jugglers, 520

In detinue, when issuable, 195
(See Write, Process, Service.)

CAPTAINS, appointment of,
(See Militia.)

357

CAPTURES, Congress may make rules

concerning, 19

CARDS, playing, importing, 174

CARGO, of steamboats, security of, 522

CARRIAGES, 'injuries to, how punish-
ed, ' 179,480

Rules as to conducting of, on pub-
lic roads, 480

Owners of, liable for acts of dri-
vers, 481

What vehicles to include, 481

In cities and towns, 481

CARRYING challenge, punishment

for, 157

Away of goods of master by ser-
vant, &c. 162

CART ROADS, when to be laid out, 484
Proceedings in laying out, 484, 489

CARTS, punishment of injuries to, 179

CASE, (See Act ions, Suits.)

CASH, when sales to be for, 98

CASTOR BEANS, Chapter 18, 88

Fields of, to be inclosed so as to

protect stock, 88

Penalty for not inclosing, and how
recovered, 89

CASTRATION of horses running at

large, 275

CATTLE, penalty for driving off, 203, 579
When attached, to be fed, 69

Breaking through lawful enclo-
sure, 281
Mai king and branding of, 352

CAVALRY, 359

For further (See Militia.)

CELEBRATION of marriage, (See
Marriages.)

CELLS, (See Penitentiary.)

CEMETERIES, (See Burying Grounds.)

GENERAL INDEX.

(349

CENSUS, of United States, how and

when taken, 17
Of State, when to be taken, 33, 89

By whom to be taken, and how, 89, 90

What facts to be ascertained, 90

Return of, when to be made, 90

What persons to be enumerated, 90
Who required to give information

respecting, 90
Penalty for refusing- to give cor-
rect information, 91
Compensation of commissioners

for taking, 91
Returns of, to he filed in Secreta-
ry's office, 91

CERTIFICATE, of moral character, to

Attorney, 73

Of acknowledgment of chattel
mortgage, 91

Of purchase of land how ac-
knowledged, 107

Of acknowledgments of deeds,

105, lOti, 107, 115

Of purchase of school and canal
lands, how assigned, 108, 109

Of election of trustees of acade-
my to be recorded, 117

Of election of trustees of religious
societies, 120

Of election of trustees of library
associations, tiled, 122

Of votes at general election, 218

Of election, to be given to mem-
bers of Congress, 220

Of election in contests for county
officers, 223

Of contests for seats in General
Assembly, 223

Of register or receiver of land
office, to be evidence, 232

Of official character of officer tak-
ing depositions, 234

Of purchase from U. S., liable in
execution, 301

Of sale of lands on execution, 302

Duplicate of, to be evidence, 302

Of sale of land on execution as-
signable by indorsement, 303

Of attachment or levy of lands in
another county, 305

Of election, to be given to consta-
ble, 314

Of authentication of execution is-
sued to another county, 323

As to marks and brands, 352

Of marriage, 354

Of freedom, to be filed by ne-
groes, &c. 387

Of petition for changes in coun-
ties and roads, 411

Of accurate publication of laws, 422

To be given purchaser at tax sale, 447

Tax, assignable by indorsement, 447

Of purchase of forfeited lands, 449

Not to be issued for lands forfeited
to State, 453

CERTIFICATE—

Of competency of School teach-
ers, 498, 513
Of purchase of school lands, 500
To schedule of school teachers, 508
Of purchase of lands, may be sold
by executor or administra-
tor, 559, 560
To copies of records in military

tract, 587

Of payment of canal subscription, 611
Of canal indebtedness, 613

Of authentication ot Revised Sta-
tutes, 618

CERTIFIED COPIES of collectors' ac-
counts, to be evidence, 79

Papers pertaining to corporations,
to be evidence, 233

Of laws, records, &c, 624

CERTIORARI, from justice, costs on, 128
From justices, who may grant

writs of, 325

Writs of, for what causes, and

how granted, 325

Justices and constables entitled to

writ of, 333

From justices in license cases, 344

From decisions of probate jus-
tices, 420, 427
In trials of right of property, 476
Masters in chancery may give
writs of, 572

CESTUI QUE TRUST, (See Trustees,
Charitable Uses.)

CESTUI QUE USE, liable for costs, 128

CHAINMEN, Surveyor to appoint, 524

CHALLENGE of electors, (See Elections.)

CHALLENGE OF JURORS,

149, 184, 185, 301, 416

CHALLENGE TO FIGHT, sending,

conveying or accepting, 157

Abuse for not accepting, punish-
ment for, 172

CHAMPERTY, punishment for,

170
92

CHANCERY, Chapter 21,

Jurisdiction of, in matters of ac-
count. 46
Jurisdiction of, in arbitrations Sec.

reserved, 57

Circuit courts to have jurisdiction

as courts of, 93

Suits in, to be commenced by bill, 93
In what county bill to be tiled, 93

Set-off, when allowed in, 94

Infants may prosecute suits in, by

guardian &c, 93

Summons to issue. 93

1350

GENERAL INDEX.

PAGE.

CHANCERY—

When summons may issue to dif-
ferent counties, 93
When service may be made on

non-resident defendants, 94

Bill in, when taken for confessed, 94
Court of, may enforce decree, 94

Rules of practice, may be made, 95
When answer, plea &c, to be filed, 95
If not filed, bill taken for confes-
sed, 95
Time may be extended, 95
Decree, when made absolute, 95
Vacation of decree, 95
Complainant, when required to

produce proof, 95

Cross bill and proceedings thereon, 96
Cause in, when at issue, 96

Hearing of causes yi, 96

Disclosures of bill, not conclusive, 97
Issue in, to be tried by jury, 97

Bill of discovery in, if execution

is returned unsatisfied, 97

Suits in, not to abate by death of

parties, 97

May compel execution of deed un-
der decree of court, 98
Masters in. appointment of, 99
Duties, powers, term, compensa-
tion of masters in, 99, 571, 572
Proceedings in, not to affect arti-
cles exempt from execution, 99
Court of, may enforce contracts

for land, 109

Costs on dismissal of bills in, 128

Special term may be appointed, 148
Jurisdiction of, in matters of di-
vorce and alimony, 196, 197
To hear petitions for assignment

of dower, 200

Court of, may set aside gaming

contracts, 264

May vacate judgments and con-
veyances, made for gaming pur-
poses, 264
Lessee may reverse judgment in

court of, 334

Has jurisdiction in enforcing me-
chanics' lien, 346
Cook county court may sit as, in

vacation, 575

Jo Daviess county court may sit
as, in vacation, 576, 577

CHANGE OF VENUE, when to be

granted, 148, 322, 527

Of State roads, 479

CHAPTERS, composing Revised Stat-
utes, list of, 454

CHARGE to jury, to be only as to the

law, 417

CHARITABLE USES, Chapter 22, 99
Lands, not over ten acres, granted
for, 100

PAGE.

CHARITABLE USES—

Grants of lands for, how made and
recorded^ 100,115

How such lands may be used, 100, 115

Trespassing on such lands, how
punished, 100

Perversion of grant to other uses, 100

How such lands may be sold or ex-
changed, 100

Title, county commissioners' court
not to be responsible for, 100

Use of lots on canal lands devoted
to, 604

Lands granted for, exempt from
taxation, 614, 615, 437, 572

CHASTISEMENT, (See Whipping.)

CHASTITY, offences against,

158, 173, 174, 391

CHATTEL MORTGAGES, Chapter

20, 91
What necessary, to render valid, 91
To be acknowledged and recorded, 91
Certificate of acknowledgment, 91
Fee of justice, for acknowledg-
ment, 92
When recorded, &c, how long to

be valid, 92
If lost, copy to be evidence, 92
What conveyances to have the ef-
fect of, ' 92

CHATTELS, real, embraced in term,

"real estate," 130

Frauds respecting interest in, 178

Personal, fraudulent sale of, 178, 258

CHEATS, punishment of, 178

CHIEF JUSTICE, of supreme court of
U. S. to preside over senate, on

trial of the president, 18
Of supreme court of Illinois, to

preside, 142

To examine clerk's office, 143

To hold circuit court, 143, 151

Exempt from militia duty, 372

Process to be tested in name of, 143

To reside in his circuit, 146
And associates, may interchange

circuits, 147

CHILDREN, posthumous, conveyances

to, 105
Legitimacy of, not affected by di-
vorce, 196
Support of, after divorce, 197
Father or mother may bind by will,

in certain cases, 268
Shall support poor parents, 402
Return of, for school purposes, 509
Born, after making of will, 539
Share of, in estate, 546
Legitimated, by marriage, 547
Entitled to certain share of per-
sonal estate ot deceased parents, 598

GENERAL INDEX.

651

CHURCHES, marriages according to

custom of, 353

CHURCH-YARDS, exempt from taxa-
tion, 437, 572, 614

CIRCUIT ATTORNEYS, election of, 40, 75
Commission, term of office, resi-
dence, 75
Required to give bond, its condi-
tions, 75
Additional bond may be required, 76
If not given, office to be vacated,

how fillec, 76
Duties of, to attend courts, exami-
nations, &c. 76
If incompetent to act, substitutes

to be appointed, 76
Required to assist Attorney Gen-
eral in prosecuting, 77
Vacancies, how filled, 77
Entitled to copies of reports, 145
To prosecute defaulters, 150
Bribing of, 166
Removable for malfeasance in of-
fice, 170
Entitled to fee on failure of mali-
cious prosecution, 185
Duty of, respecting escheated

lands, . 225, 226

Salary and fees of, 238, 243

Entitled to copies of the laws, 338

To file informations, &c, 429

CIRCUIT COURTS, (See Courts.)

CIRCUIT JUDGES, (See Judges.)

CIRCUITS, division of the State into,

151, 627
Judges may interchange duties in, 147

CIRCULATING MEDIUM, penalty for

issuing bills as, 175

CITIES, opening streets, &c. in, 479

Jurisdiction of justices as to su-
perintendence of poor in, 403
Not to issue warrants to circu-
late as money in, 531

CITIZEN, (See Jllien, Naturalization.)

CITIZENSHIP, rights of under confed-
eration, 5, 23

CIVIL ACTION, not barred by crimi-
nal proceedings,
When venue may be changed in,
(See Actions.)

CIVIL LAW, descents and distributions
to be according to,

CIVIL PROCESS, (See Process, Writs.)

181
528

546

CLAIMANTS, to escheated estates,

rights of, 225, 226

To property in suits to enforce

lien, 346, 347

Rights, &c. 347, 348

In trials of the right of property, 475
Against estates, may testify in

certain cases, 556

When judgment to be against, 561

To give notice of presentation, 561

CLAIMS, to United States lands, how
settled,
Against estates not due, may be

settled,
Against estates, in what order

paid,
Against estates, when barred,

" " how exhibited,
In favor of estates, may be sold,

336

558

561

561
561
595

CLAIMS, to Real Property, (See
Lands, Real Estate, Convey-
ances, Limitations, Ejectment.)

CLAIMS, to Personal Property,
(See Chattel Mortgages, Person-
al Property, Gools and Chat-
tels. )

CLERGY, benefit of, abolished,

182

CLERICAL ERRORS, correction of, 471
(See Amendments and Jeofails.)

CLERKS, arrest of, and privilege, 74
Auditor and Treasurer not to em-
ploy same, 80
Suits against, when brought, 144
Entitled to copies of reports, 145
Bribing of, 166
Punishment for extortion, oppres-
sion, &c. 170
Of elections, how chosen, 215
Of elections, to be sworn, 216
To convey poll books, 219
Of elections, their compensation, 220
Of elections, punishment for mis-
conduct, 220
Of courts, entitled to copies of

laws, 338

To attend offices in person, 395

lo reside at county seats, 395
To be removed for not residing at

county seats, 395
May .be employed at sale of

estate, &c. 557
And servants, (See Apprentices.)
Carrying away property of em-
ployer, 162

CLERK OF HOUSE OF REPRESEN-
TATIVES, entitled to a copy
of the laws, 338

To file documents in secretary's
office, 492

(See House of Representatives.)

652

GENERAL INDEX.

CLERK OF SENATE, (See Senate.)

CLERK OF SUPREME COURT,

Appointment of, 144

May be removed for cause, 144
Cause of removal to be entered of

record, 144

Duties of, 144

To take oath, form thereof, 144
Shall keep his office at the seat of

government, 144, 394

Shall give bond, 144

Entitled to five copies of reports, 145

When to issue supersedeas, 188

Fees of, 239

Process to be signed by, 143

Chief justice to examine his office, 143

To keep fee book, 249
Not required to make complete

record, 250
Required not to make complete

record, 581
To procure books stationery, &c.

for his office, 250

To aet up table of fees, 25 1

May appoint deputy, 395
May not collect costs of school

fund, 512

CLERK OF CIRCUIT COURT,

Oath of office of, 146
Official bond of, 147
To reside at county seat, 147
Duties of, 147
Fees of, 147, 453, 240
To have fire proof office, 136
To refund costs, improperly charg-
ed, 129
To tax costs, 128,129
To issue writs of attachment, 63
Fees of, in arbitration cases, 57
To issue subpcenas in arbitrations, 56
May be removed for cause, 147
To deliver papers, books, &c, to

successor, 147
Officers of, to be examined by

judges, 147
Duty of, in issuing process, &c,

147,414
To certify bills of costs, against

the State, 150
To issue capias for indicted per-
sons, . ]83
To issue subpcenas in criminal

cases, 184
To issue execution for fines and

costs, 186
To issue commissions to lake

testimony, 233,234
To receive and file returned deposi-
tions, 235
To keep fee books, 249, 418
When not required to make com-
plete record, 250
Required not to make complete

record, 581
To procure books, stationery, &c,

for office, 250

PAGE.

CLERK OF CIRCUIT COURT—

Office, where kept, 250
To set up table of fees, 251
Costs on arrest of fugitives, 262, 263
Not competent juroi'3, 308
To collect fees, for predecessors, 251
To give jurors certificate of at-
tendance, 3ii
To tax ajury fee of three dollars, 311
To collect jurv fees and docket

fees, 3ii
To issue supersedeas to justices on

appeal, 324

Entitled to copies of the laws, 338
When ordered, may issue writs of

ne exeat, 382

May appoint deputies, 395

Judges to examine bonds of, 396
To certify notice of petition for

changes in counties and roads, 411
To keep dockets, 414,419
To issue subpcenas, 184,414

When to assess damages, 415

To enter verdict, 417
Forfeiture, for collecting unlawful

fees, 418
Penalty for neglecting to keep

docket, 419
To enter returns to executions, 419
To issue execution in cause re-
manded, 420
Collector to file advertisement of

delinquent lands with, 445

To make records of tax lists, 445
To place report of collector &c,

on common law docket, 445

Entry on the docket, form of, 445
To make out process for sale of

lands, 446

Collector to make return to, 446

When to charge no costs, 445

To charge no costs against school '

fund, 512
To issue notice of election of

sheriff, 515
When may issue execution to cor-
oner, • 516
Duty of, on change of venue, 528
When to take proof of wills, 537

CLERK OF THE COUNTY COM-
MISSIONERS' COURT—
His duty respecting fixing terms of

commissioners, 130

Duty of, in case of vacancy, 131

Election of, and official term, 131

Where required to keep his office, 131

To take oath, 131

To give bond, 131
May be removed for misconduct,

131, 450
Vacancy caused by removal, how

filled, 131, 450
Required to deliver papers, &c, to

successor, 131
Penalty for refusing to deliver pa-
pers, 131

GENERAL INDEX.

653

CLERK OF THE COUNTY COM- I CLE

MISSIONERS' COURT—
Process against county may be ser-
ved on, 131
To sign writs, process, &c, 133, 131
Fees of, how estimated, 134 !
To publish , &c,. statement of fis-
cal concerns of county, 135 \
On appeal, to file transcript, 135 j
When to have tire proof offices, 13(5
To have county orders counter-
signed by treasurer, 136
Prohibited from receiving county

funds, " 138

To file and keep treasurer's re-
ports, 138
To transmit returns of elections, 213
To make out notices of elections,

form of, 215

To receive, open and canvass elec-
tion returns, 219
Abstract of votes to be made by, 219
Certificates to be given to persons

elected, 219

To make estimate of compensa-
tion of judges and clerks of elec-
tions, 220
Duty of, in case of a tie at an elec-
tion, 220
To transmit abstract of votes to

Secretary of State, 220

When to issue notice for special

election, 221

How punished for violation of du-
ty respecting elections, 222
Duty in case of contested elec-
tions, 223
To keep an est) ay book, 228
I'o post up estray notices, 228
Not a competent juror, 308
To call elections to fill vacancies, 311
To give constables certificates of

election, 314

To administer oath to justices and

constables, 315

To enter oath on commission, &c, 315
To certify election totne Governor, 315
To keep record of names of justi-
ces and constables," 315
To enter registrations in that book, 315
Such entries to be evidence, 315
Duty of, in listing of land.--', 336
Duty of, respecting laws depo ited, 338
in vacation, 311
To keep books ef marks and

bran
To issue marriage I icens .

" certificates of man •age':', 354
marriages,
Punished for refusing to register

mi i ; '
Punished for issuing license ui •

lawfully, 351

Dul ; g '■'■( gi nr-'- ;-•■ ulat-

.&c, 387,

nd of, to be examined, 396

To license brokers, 437

To license hawkers and peddlers, 437

PAGE.

RK OF THE COUNTY COM-
MISSIONERS' COURT—
Auditor to transmit abstracts to, 43S
To deliver list of taxable lands to

assessor, 438

To deliver lists to collector and

Auditor, 440

To notfy Auditor of amount of

State tax, 440

To transmit to Auditor aggregate

lists of taxes, &c, 440

To deliver collector lists of taxa-
ble property, 442
Duty of, in case of double pay-
ments of taxes, 443
To receive and file tax advertise-
ments, 445
To attend tax sales and make rec-
ord, 446
To keep record of births and

deaths, 87

To file affidavits, &c, respecting

births and deaths, 87

Fees of, in recording births and

deaths, 88

To have fire-proof office, 136

To authenticate justices' judg-
ments, 232
Fees of, 242, 449,452, 453, 489
To procure books and stationery

for his office, 250

Office, where to be kept, 250

To set up table of his fees, 251

To charge no fees in certain cases, 251
Rut to receive an ex officio fee, 251

Issuing marriage license to whites

and blacks, 353

May appoint deputy, 395

To send copy of his record of sales

of land for taxes to auditor, 447

To transmit lists of forfeited lands, 447
Failing to attend sales of lauds,

how punished, 447

To give purchaser at tax sale a

certificate, 447

Not to be interested in tax sale?, 447
Records in office of, evidence in

sales for taxes, &c, 448

May receive redemption money,

"447, 418
To transmit list of forfeited lands

redeemed, to the Auditor, 449

And pav over redemption n;oney, 449
To sell forfeited lauds remaining

unredeemed, 449

To give certificate of eale of for-
feited lands, 449
May seli lands remaining, at any

time, 450

To make entry of erroneous sales,

450, 453
Liability of, forredemption money, 450
of, to pay over, to vacate
office, 450

Liable to pay ten per cent, per

month penalty, 455

Auditor to proceed against, in su-
preme court, 451

654

GENERAL INDEX.

CLERK OF THE COUNTY COM-
MISSIONERS' court-
To notify road supervisors of their

appointment, 481, 592

To give list of road tax to sheriff,

485, 592
Fees for road services, 489

To give grand jury, list of supervi-
sors, 489
To keep record of school land sold, 501
To compute and apportion school

tax, 512

To deliver statement of school tax

to collector, 512

Not to charge costs against school

fund, 512

To be ex officio county sealer, 533

Duties and compensation as coun-
ty sealer, 532, 533
Term of office of, 573
Duty of, respecting redeemed
lands, 589

CLERK OF COOK COUNTY COURT,

Appointment of, 575

To give bond, 575, 576

Fees of, 576

CLERK OF JO DAVIESS COUNTY

COURT, appointment of, 576, 578
To give bond, 578

Duties of, 576, 577, 578

CLOTHING, allowed to prisoners in jail, 297

CO-DEBTORS, detention of, by writ of

ne exeat,
CODICIL, (See Wills.)
COERCION, Crime committed by,

381

152

COHABITATION, of father with

daughter, 174

Circumstatial proof of, 173

Of relatives, punished, 173

When proof of marriage, in divorce, 1 7

Of whites and blacks, 391

COIN, right of Congress to regulate, &c. 8

Counterfeitinsof, 164

Having counterfeit, in possession, 164

COLLATERAL security, not affected

by foreclosure, by sci. fa. 405

COLLECTOR, to preserve estate, ap-
pointment, bond, duties, &c.

of, 543, 544, 545

COLLECTORS, not eligible to office
until moneys collected are paid
over, 39
Auditor to keep accounts with, 79
Delinquent, suit against, 79
Not to speculate in Auditor's war-
rants, 140 452

PAGE.

COLLECTORS—

Punishment of, for speculating, 141, 452

Suits against, 144
Embezzling public money, 139, 161
To be charged by Auditor, with

State tax, 440
Of county, sheriff to be, ex officio, 441
To give bond, form thereof, 441
To be sworn, 441
Bond of, record and filing of, 441
Suits on bonds of, 441
To receive lists of taxable pro-
perty, 442
To collect taxes, 442
May seize property, 442
To leave notices for absentees, 442
To sell property, 442
His fees, 442, 449, 452, 453
Continuation of his powers, 442
Duty in case of double payments

of taxes, 443

To give receipt,&c. for taxes paid, 443

"What funds, to collect revenue in, 443
When required to pay over, 443, 447

To return lists of delinquents, 443, 445
To be credited with uncollected

taxes, 443
To report list of delinquent lands

to county court, 444, 445

To advertise and sell delinquent

lands, 444
Duty ol, in selling lands, 445
To report delinquent lands to cir-
cuit court, 445
To sell and make return, 446
Not to be interested in tax sales, 447
To give deeds for lands unre-
deemed, 447
Execution of his deed, 447
Effect of his deed, 447, 448, 453
Contesting of deeds of, 448
Successors of, may execute deeds

for, 448

Vacancy how filled, 448
Liable to purchasers, for moneys

received in error, 450

How liable for not attending sales, 451
Not paying over, to pay ten per

cent, per month, 451
Cited to appear before circuit court, 451
Auditor may proceed against, in

Supreme court, 451

Punished for false returns, 452
To pay interest on school fund, to

school commissioners, 452
Not to have costs on forfeited

lands, until they are redeemed, 453
To be credited with amount of er-
roneous sales, 453
To collect school tax, 512
County treasurer not to act as, 516
To receive wolf scalp certificates, 566
If out of office, may collect, &c. 588
Having paid over, may collect, 588
Powers of, after going out of office, 588
Sales of, not to affect estate of in-
nocent purchaser, 589

GENERAL INDEX.

655

PAGE.

COLLECTORS—

Securities of, not released, 589

Duty of, as to redeemed lands, 589

Duty of, as to sale &c, of canal lands, 590

COLLEGE lands and funds, (See Schoob.)

COLLEGES, property of, exempt from

taxation, 615

Fund for support of, designated, 27

COLLISION, ot carriages prevented, 480

COLLUSION of parties to divorce pro-
ceedings, 197

COLONELS, appointment of, 357

Duties of, (See Militia.)

COLOR BEARER, appointment and

duties of, 362

COLORED PERSONS, provisions re-
specting services of, 180
( See Negroes, fyc. )

COLORS, to be procured for militia, 372

COMMANDER-IN-CHIEF, Governor

to be, 34, 357

When to call out militia, 368

COMMENCEMENT of suits, (See Je-
ttons, Suits, Process.)

COMMERCE, Congress may regulate, 19

COMMISSARY-GENERAL, appoint-
ment of, 36
Duties ot, (See Militia.)

COMMISSION, to take testimony, 68, 233
Not necessary in case of resident

witnesses, 234

To take and perpetuate testimony, 236
Allowed to officer on sales of real
estate on execution, 303

COMMISSIONS, States not to grant to
ships of war, unless in cases of
war or piracy, 6

Of auditor and treasurer, granted

by Governor, 78

Withheld until bond given, 78

Of attorney general and circuit at-
torneys, granted"by the Governor, 75
Of militia officers, 374

Issued by the Governor, to be coun-
tersigned by the Secretary of
State, 492

COMMISSIONERS, to take census, how

appointed, 89
To take oath, form thereof, 89
When to begin taking enumeration, 89
Their duties, 90
To make return to county com-
missioners' court, 90

l-AGE.

COMMISSIONERS—

And to secretary of State, 90

To report number of militia to ad-
jutant general, 90
Failing to make proper return,

how punished, 90

Their compensation, 91

To execute deeds under decree

of court, 98

To lay out town plats, 116

To sell county lands, 132

To assign dower, 201, 210

Form of oath of, 201

Their duties, 202, 210

Reports of, 202, 210

To assign dower, their fees, 203, 210
To assess value of improvements,

&c, 212

To take testimony of non-resident

witnesses, 233, 234

To make partition of lands, 400,401
Their compensation, 401

Of schools, (See School Commis-
sioners.)
To take acknowledgments &c, in

other States, 580

Of canal, (See Illinois and Mich-
igan canal.)

COMMON CHEAT, who considered, 179

COMMON FIELDS, rights respecting, 38
Regulations as to inclosing, 278
Inhabitants interested in, may or-
ganize, &c. 278
Damages to, 278

COMMON LAW, trials of criminals to

be conducted according to, 186

Rules of evidence of, to prevail, 186

Of England, how far applicable, 337

COMMON SCHOOLS, (See Schools.)

COMPANIES, formation of, &c, 357

(See Militia.)

COMPARING POLLS, in counties join-
ed together, 219

COMPENSATION of members of Con-
gress, how paid, IS
For private property taken for

public use, 38

Of commissioners taking census, 91

Of masters in chancery, 99

Of officers of incorporated towns, 114

Of arbitrators, 57

Of county commissioners, 134
Of commissioners assigning dow-
er, 203, 210
Of commissioners to assess value

of improvements, 212

Of presidential electors, 214

Of persons carrying poll books, 219

Of judges and clerks of elections, 220
Of messengers sent for election

returns, ~ 220

656

GENERAL INDEX.

PAGE.

COMPENSATION—

Of officers of the State. 237, 233
Ot officers of the General Assem-
bly, 2^8

Ot messengers to arrest fugitives, 261

Qjt" guardians, 268

Of assignees of insolvents, 286
Of commissioners to partition

lands, 401
Of inspectors of the penitentiary, 409
For conveying convicts to peni-
tentiary." 409
Of officers concerned in collecting

revenue, 452

Of road viewers, 483

Of school commissioners, 511

Of township treasurers, 511

Of county sealers, 533

Of appraisers, 555
Of clerks and criers at executor's

sale, &c, 557

Of executors and administrators, 564

Of sheriff, attending probate court, 564

Of supervisors, 592

COMPETENCY of witnesses, in crimi-
nal cases, 153, 154

COMPOUNDING FELONIES, punish-
ment for, 169
Of claims due to estates, 595

COMPLAINANT, when required to

procure proof, 95

Failing to answer cross bill, his

bill dismissed, 96

Not to dismiss bill, after cross bill

filed, 96

Not to answer cross bill, till his

bill is answered, 96

Consenting to oifence, not to ob-
tain divorce, 197

COMPLETE RECORDS, 147, 250, 289 581

COMPULSION of wife to sign deed, 106, 107

Crimes committed by, 152

To vitiate will, 536

COMPUTATION of time, in prosecu-
tion for murder, 156
Legal definition, as to, 492

CONCEALED DEBTOR, (See Arrest,
ALluckment, Capias, Writ.')

CONCEAL! :\G records, &c, by officer, 167

CONCEALMENT of dea:h of bastard

child, * 157

CONCLUSIVE, disclosure of defend-
ant, 'i 97

CONCURRENT JURISDICTION, of

counties, bounded on rivers, 133

CONFEDERACY, style of, 5

CONFEDERATION, Articles of, 4

CONFESSION, judgment by, effect of, 51
Of judgment by personating an-
other, 167
Of defendant in divorce case, not

always evidence, 197

Of guilt in assaults, &c, 330

Of judgment, 417

CONFINEMENT, (See Imprisonment,

Penitentiary.)

CONFLICT, of laws of last session with

Revised Statutes, 472

Of different chapters and sections, 472

CONGREGATION, disturbing of,

177

CONGRESSIONAL districts, forma-
tion of, 101

CONGRESS, Powers of undpr confeder-
ation, 7

North West Territory, to elect del-
egate to, 13

Legislative power vested in Senate
and House of Representatives, 17

How constituted, 17

When it shall assemble, 18

Elections of members, each house
to judge of, 18

Officer of Unite i States, not to be
member of, 18

Member of, not to hold office crea-
ted during his term," 18

Its general powers, 19

Its jurisdiction over grounds
acquired for dock yards, &c. 20

May makes rules, &c. respecting
territory and property of United
States, 23

Members of, elected by dis-
tricts, 101, 221

Schedule of districts, 101

May fix day for choosing electors
of President, &c. 213

Members of, when elected, 215

Members of, to receive certificate
of election, 220

Distribution of laws of, 339

CONSCIENCE, rights of, secured,

177

CONSENT of parties to indentures, 52, 53
Of complainant, to offence, to bar

divorce, 197

Of parents, &c. to marriage of
minors, 354

CONSENT RULE, abolished,

207

CONSERVATORS of the neace. who

to he, 190,515

Appointed for idiots, lunatics, &c. 276
Duty, powers and compensation
of, 276, 277

GENERAL INDEX.

657

CONSERVATORS—

To give bond, 276

May be removed, 277

How to apply proceeds of estate, 277

CONSIDERATION, failure of, 385, 386

CONSOLIDATION of demands before

justices, 320

CONSPIRACY, to charge with offence,

punishable, 169

CONSTABLES, may be required to

bind minors, &c, 56
Fees in arbitration cases, 53
Duties in serving writs of attach-
ment, 59
Not to practice as attorneys, 74
Of incorporated towns, 114
To serve process issued by county

courts, 134

Bribing of, 166
Refusing to receive or arrest a

prisoner, 169

Punished for extortion &c, 170

To attend juries, &c, 186
Special, when to be appointed,

192,218,327,315
To preserve order at elections, 218
Fees of, 247
Election of, 313, 573
Number in each precinct, 313
Term of office, _ 313,573
Vacancies in office of, how filled, 314
Addition when elected, 314
Election of, in new counties, 314
Jurisdiction of, 314
To act upon certificates of elec-
tion, 314
To be sworn, 314
To give bond, 315
Office of, how vacated, 315
Resignation of, how made, 315
Jurisdiction of justices in suits

against, 316
Having process, may receive a-

mount due, 319

To serve subpoenas, 320

To collect executions, 323
To serve executions from another

county, 323
Duty of, in making levy and sale, 326
To pay over on return of execu-
tion, 327
Return of process, when defend-
ant evades service, 327
Appointment of, by sheriff to have

notice, 327
When required to attend sitting of

the court, 327
To keep the peace, apprehend of-
fenders, &c, 327
To pay over fines to county com-
missioners' court, 331
Forfeiture, forfailingto pay over
money, 331, 332

42

CONSTABLES, May collect executions,

after going out of office, 331

Bonds of, how long to have force, 331

Bonds of, effect of, 332
Failing to return execution, how

punished, 332
Remedy for neglect of duty, gene-
rally, 332

Judgment and execution on bond

?f3 332, 333

Scire facias to issue for breaches

of bond, 33

Extent of liability on bond, 333

Entitled to copies of laws, ' 33X

To collect militia fines, 365, 366

Penalty for neglecting to collect

militia fines, 366
To execute process from probate

court, 428
Duties of, in trying the right of

property, 475^ 475

Not to charge costs against school

fund, 512
Jurisdiction of, in forcible entrv,

&.c, extended, 5g«

CONSTITUTION OF U. STATES, 16

How to be amended, 23

The supreme law of the land, 24
All officers to take oath to support

it, . 24

Ratification of, 24

Names of signers, 24
To be published with Revised

Statutes, 470

CONSTITUTION OF ILLINOIS, 30

How amended, 37

Schedule to, 39
Rights, obligations and remedies

saved, on adoption of, 39

Ratification of, 41

Names of signers to, 4]
To be published with Revised

Statutes, 470

CONSTRUCTION, of words and terms:

"Real estate," 110. 301
"Lands" and "lots," ' 436
"Real property," 436
"Personal property," 436
"Court," 472
Words importing singular or plu-
ral number, 472
Words importing male or female, 472
"Person" and "persons," 472
"Heretofore" and "hereafter," 472
"Insane" and "insane person," 472
"Month" and "year," 472
"Oath" and "sworn," 472
"State" and "United States," 472
"Laws now in force," 472
Of act repealing a repealing act, 472
Of words and terms used in Revi-
sed Statutes, 473
"Carriage," 481
Of contracts relating to weight
and measure, 532

658

GENERAL INDEX.

TAGE.

CONSTRUCTION—

" Grant," "bargain," "sell," 105

Lands, tenements and heredita-
ments," no

Of certain provisions in statute of
wills, .. 552

"Residence," 404

CONTEMPTS, nature and punishment of,
95,96, 134, 144, 172, 184, 186,
193, 310, 322, 383, 414, 419, 515, 564

CONTENTS, of session laws, to be prin-
ted, 423

CONTESTED ELECTIONS, how de-
cided, 33
Mode of proceeding in, 222, 431
Of militia officers, " 361
Of school commissioners, 498

CONTINGENT FUND, (See Governor,
Expenditures.)

CONTINGENT REMAINDERS, to

posthumous children, 105

CONTINUANCE, of cases in attach-
ment, 60
Oi' trial of issue in bastardy, 85
Of cause in chancery, 94, 346
Of cause instituted to perfect title, 110
Of county commissioners' court, 133
Of causes, in supreme and circuit

courts, 143, 148, 413, 415

Of criminal causes, 272

Of suits before justices, 318, 322

Of proceedings on writs of ne ex-

cat and injunction, 383

CONTRACTS, validity of, not to be im-
paired, 38
Of sale of real estate, how com-
plied with, 109
Of agents for erecting county

buildings, 132

For finishing court houses, 135

For lands for county buildings, 135

Fraudulent, for sale of land, 178

Of marriage, how dissolved, 196

Evidence in suits on, 233

M*«!e by lunatics, void, 277

Justices have jurisdiction in ac-
tions on, 318
For sale of improvements on pub-
lic lands, 336
For building, enforced by mechan-
ics' lien, 345
Of marriage between whites and

blacks, void, 353

Between master and servant void, 390
Of service, assignable, and des-
cendible, 390
Involving weights and measures,

how construed, 532

Suit on, for sale of improvements
on the public lands, 617

CONVEYANCES, Chapter 24,

Livery of seizin, in conveyance of,

Of lands, manner, requisites and
effect of,

Rights of various persons re-
specting,

Of interest in estate, covered by
adverse possession,

Of lands in fee tail, and for life,

Of lands in fee simple,

Of incumbered property, how
perfected,

Construction of certain terms used

108

102

103

103

104
104
104

104

105

105

Of real estate by way of security,
Por benefit of posthumous chil-
dren, 105
Of estates of inheritance, 105
By married women, 105, 107
How executed, 105
Acknowledgment of, 105, 106, 107
What officers may take acknowl-
edgments, 105, 106
Of wife's estate, by husband and

wife, 106

For record in another county, how

authenticated, 106

What may be acknowledged be-
fore the auditor, 107
Proof of execution of, 107
In what county recorded, 108
When to take effect, 108
In what cases to be used as evi-
dence, 108
Of school and canal lands, 108, 109
Successor of sheriff may execute, 109
Court may enforce making of, 109, 110
Release of mortgage, 110
Of lots designated in recorded

plats, 115

To trustees of academies, 118

To religious societies, 121

To and by counties, 132

Forging, altering of, 163

Made by personating another, 167

Fraudulent, punishment of party

to, 178

For benefit of wife in lieu of dow-
er, 199
How affected, by right of dower, 198, 199
When fraudulent, 258, 259
Made for gaming purposes, void,

263, 264
519
556
558

By sheriffs, how acknowledged,
Under will,

Estate of decedent to pay debts,
Of personal property, when to op-
erate as mortgages,
Of trust property,

CONVENTION, to amend the Consti-
tution of the United States, how
called, and held,
To amend Constitution of Illinois,
its powers and duties,

92
100

23

GENERAL INDEX.

659

CONVICTION, not to work corruption

of blood, 38

Record of, not evidence in civil
action, 181

For felony, &c, a cause for divorce, 198

CONVICTS, surgeons may have bodies

of, for dissection , 182
List of, to be kept by warden, 406
Accounts may be kept with, 407
Conveyance of, to the penitentia-
ry, 409

CO-OBLIGORS, ne exeat, may detain, 381
Judgment against, 494

COOK COUNTY COURT, (See Courts.)

CO-PARCENERS, required to account, 45
May bring actions of account, 46

COPIES, of laws certified by secretary

of State, evidence, 233

Of papers of corporations, certi-
fied, to be evidence, 233

01 laws to be delivered to public
printer, 422

Of laws, fee, for private use, 492

COPY, of summons in chancery to be

left, 94

Of indictment to be furnished pri-
soner, 185

COPY RIGHT, power of Congress re-
specting, 19

CORD WOOD, penalty for taking un-
lawfully, 606

CORONERS, when magistrates may

perform duties of, 519
Election, term and qualifications of, 34
Not to practice as attorney, 74
Punishment for bribing of, 166
Refusing to arrest or receive pris-
oner, 169
Punished for extortion, oppression,

&c, 170
To see to enforcement of criminal

laws, 174

Vacancies in office of, how filled, 221

Fees of, and how paid, 245
To have custody of jails, when

sheriff is confined, 299

Not competent jurors, 308
Justices have jurisdiction in suits

against, 316
Entitled to copies of laws, 338
Duty respecting unlawful assem-
blages of servants, &c, 390
Judge to examine bond of, 396
To give bond, 514
To be sworn, 514
Not giving proper bond, to vacate

office. 514
Duties of. 413. 515

PAGE.

CORONERS—

Going out of office, to complete

duties, 515

Not to purchase property sold by

him, 516

Execution, when issued to, 516

How proceeded against, for not

paying over, 516

To perform duties of sheriff in

case of vacancy, 517

To hold inquest over dead bodies,

517, 518
Duties, in holding inquests,

517,518, 519
Mav cause arrest of suspected per-
son, 518
To bury body, and secuie effects,

518, 519

CORPORATE NAME, of towns, 112

Of academies, 117

Of libraries, 123

Of fire companies, 125

Religious societies, 120

CORPORATE BODY, incorporated

town, 112
Academies, 117
Religious societies, 120
Libraries, 121
Fire companies, 125
Embezzling funds of, how pun-
ished, 161

CORPORATE RIGHTS, of towns,

112

Of academies,

118

" libraries,

121

" fire companies,

125

" religious societies,

120

CORPORATE SEAL, of towns,

112

Of academies,

112

" libraries,

123

" fire companies,

125

CORPORATIONS, Chapter 25, 111
Monied, constitutional provisions

concerning, 39

Dissolution of towns, 114

" of academies, 119
Acts and proceedings of, how

made evidence, 233

Service of process on, 413

CORRUPTION, of blood, conviction

not to work, 38

Awards set aside for, 57

CORRUPTLY SWEARING, 166

COSTS, Chapter 26, 125
Defendant to pay, on overruled

plea in abatement, 43

Of legal advertisements, h ow paid , 47

Of arbitration, 57
When garnishees adjudged to pay, 68

On trial of right of property, 68

Of suit against bail, 82

660

GENERAL INDEX.

OOSTS-

96

96

86

99

99

110

Of prosecution of reputed father,
how paid,

On supplemental answer,

Complainant to pay, on dismission
of his bill,

On overruling or sustaining excep-
tions,

Guardian ad litem, not liable for.

Guardian, his fees allowed as costs,

In proceedings for perfecting title,

Security for, in what cases requir-
ed, 126, 327

Bond for, to be filed, before suit
commenced, 126, 327

Approval of bond for, 126

Form of bond for, 126,327

If security be not given, suit to be
dismissed.

When security required after suit
brought,

Not required of poor person,

When to be taxed against defend-
ant.

On 7ion pros., non-suit, or verdict
for defendant, to be taxed against
plaintiff,

Executors and administrators, not
liable for,

In replevin,

When to be taxed against plain-
tiff— when against defendant,

After judgment on demurrer, or
particular issue,

On insufficient count in declara-
tion,

On acquittal of one of several de-
fendants,

In suits on writs of scifa and pro-
hibition,

Of not more than four witnesses
taxable,

Not taxable against the State or
counties,

State or counties may recover,

On dismissal of bill in equity,

When at the discretion of the
court,

Cestui que use, to pay,

In appeals ^c, from justices of
the peace,

In appeals from court of probate,

On writ of error or appeal to su-
preme court,

Damages added to, on reversal of
appeals brought for delay,

May be decided by supreme court,

Bills of, to be taxed &c, by
clerks, 128

Retaxation of, if party charged be
dissatisfied,

Clerk to forleit fee for taxing, and
to refund,

Awarded, pending suit, how col-
lected,

Liability of security for,

Attorney, when to pay,

126

126
126

127

127

127
127

127

127

127

127

127

127

128
128
128

128
128

128
128

128

128

128

129

129

129

129
129
126

COSTS—

Bond for, not required of the State, 150
For defendant in suits brought by

State, how paid, 150
Prisoner may be imprisoned in jail

until payment of, 182
When prosecutor liable for, 184, 579, 331

Person convicted of offence to pay, 186
Replevy of judgment in supreme

court, 189
In actions of detinue, 195
Po°r women, prosecuting for di-
vorce, not to pay, 197
Court may regulate in divorce ca-
ses, 197
Judgment for, in contested elec-
tions, 224
Awarded to successful party at

law, 243
Of complete records, 250, 581

Bill of, to go with execution, 250
Security for, required on arrest of

fugitives, 262
Security for, required of next

friend, suing for minor, 207
Security for, required in habeas

corpus cases, 269, 270
In insolvent cases, who to pay, 285
Recoverable of party taking un-
lawful interest, 295
Jury fees taxed at, 311
In suits before justices, 319, 320
On trial of writ of certiorari, 326
Defendant not liable for, after ten-
der, 326
Execution against security for, 327
Of suit enforcing mechanics' lien, 348
In mandamus cases, 352
Plaintiff not to recover after ten-
der, 418
Clerks to keep entries of, 418
To be included in judgment, 418
On lands advertised, to be paid

with taxes, 450

On lands sold for taxes, 453
On trial of right of property, 475, 476

Relating to right of way, 478
Not chargeable against school

fund, 512
Attending chance of venue, 529
Of suit against executor or admin-
istrator, who liable for, 551
When estates are liable for, 557, 558
Insolvent estates not to pay, 560
Non-resident executor &c, to give
security for, 596, 597

COUNCIL OF REVISION, how con-
stituted, and its duties, 34, 337, 585

COUNSELLING apprentice to abscond, 54
Infant, idiot or lunatic to com-
mit offence, 152

COUNSELLOR, (See Mtornks, i}c.)

GENERAL INDEX.

661

COUNTERFEITING, Congress may

make laws to punish, 19

Definition and punishment of, 163

Gold and silver coin, 164

Punishment of, 164

Having dies or plates for, 164

Seal of State, or public officer, 165

COUNTERFEIT COIN, having in pos-
session, 164

COUNTIES AND COUNTY COMMIS-
SIONERS COURTS, Chap-
ter 27, 129

COUNTIES, to be bodies politic and

corporate, 130

Name and style of, 130
Courts of commissioners estab-

edin, 130

Elections in new, 131
Rights of, as to lands conveyed

to their use, 132
Real estate how disposed of, 132, 135
Debts due, may be collected by

suit, 132
Notes, bonds, &c. given for benefit

of, valid, 132
May erect buildings, 132, 135
Contracts made by agents to be

valid, 132

Suits against, how brought, 132
Manner of service ot process a-

gainst, 132
Inhabitants of, may be witnesses, 132
Suits against, duty of commission-
ers respecting, 133
Judgment against, how paid, 133
Execution against, not allowed, 133
Jurisdiction of, on Mississippi

and Wabash rivers, 133

Jurisdiction of county courts, 133

Official seals, 133

Taxes, 133, 134, 438, 599, 600

Roads, ferries and toll bridges, 134
Jails and court houses to be erec-
ted in, 134, 135

Divisions and boundary lines, 135
Territory of, not less than 400

square miles, 135
Fiscal concerns of, to be made

public, 135, 139
Fire proof offices to be erected in, 136
To be divided into election pre-
cincts, 215
Division of, 411
Lands of, how conveyed, 108
May recover, but not pay costs, 128
Not to contain less than four hun-
dred square miles, 135
When united, how votes to be can-
vassed, 219

COU NTS, costs on, when defective, 127

In declaration in ejectment, 205

If faulty, to be disregarded, 417

COUNTY, crime committed in one, may

be punished in another, 150

Embezzling funds of, how pun-
ished, 161

Division of, how it atTects estates, 542

COUNTY AGENT to lay out town

plats, 116

To erect public buildings, 132

COUNTY BUILDINGS,

132, 134, 135, 250, 298, 404

COUNTY COLLECTOR, (See Collector.)

COUNTY COMMISSIONERS, their
election and duties, 39,

Not to practice as attorneys,
May convey lands of the county,
Estate of, dissolved, towns to vest

for lands for

130,
130,

To give legal titl

academies,
Official style of,
Election of,
Oath of,

Term of, fixed by lot,
Vacancies, how filled,
Grants of lands to,
Bonds, bills, notes, &c. to,
Suits prosecuted in name of,
Two to constitute a quorum,
One may call meetings of county

court,
Duty of, to procure seals,
Compensation of,
Oldest in commission to preside at

meetings,
Required to erect jails and court

houses,
To have care of court houses,
Penalty against, for neglect of duty,
To publish statement of fiscal con-
cerns of county,
May call on treasurer for settle-
ment,
May- dismiss treasurer from office

and sue him for delinquency,
May remove treasurer and appoint

substitute,
Removable for omission of duty,
One may act in place of probate

justice in certain cases,
Not competent jurors,
Entitled to copies of the laws,
Duties of, relative to paupers,

130

74

108

115

117
130
131
130
131
131
132
132
132
133

133
133
134

134

134
135
135

139

140

140

140
170

286
30K
338

403

COUNTY COMMISSIONERS' COURT,

How constituted, 130

May for cause, remove clerk, 131,450
May appoint clerk, pro tern. 131, 450
Deeds to, of real estate, &c. 132

May appoint commissioner to sell

real estate, 132

Bonds, bills, notes, &c. made to,

their effect, 132

b62

GENERAL INDEX.

PAGE.

COUNTY COMMISSIONERS' COURT,
May appoint agents to erect coun-
ty buildings, 132
To have four sessions in each year, 133
Continuances of, 133
Special court, when called, 133
Jurisdiction, extent of, 133
May issue writs to other counties, 133
To procure official, seals, 133
Shall have a judicial seal, 133
Style of process of, 134
Who may execute process of, 134
Power of, to enforce obedience to

process of, 134

Jurisdiction of, defined, 134

May punish contempts, 134

Fines, &c. to be paid over to, 134

Who shall preside over, 134

Shall erect jails and court

houses, 134, 135

May acquire land for county buil-
dings, 135
May sell real estate, 135
May lease vacant rooms in court

houses, 135

Shall have care of couit houses, 135
Shall cause fiscal statement to be

published, 135

Decisions may be appealed from, 135
Circuit court may remand causes

appealed, 136

Directions of circuit court to be

obeyed, 136

Authorized to erect fire-proof offi-
ces, 136
To pay officer for transporting

prisoner, 184

To have supervision of Cumber-
land road, 194
To divide counties into election

precincts, 215

To appoint judges of elections, 215
To fix time of holding electio: s, 215
t May appoint special constables at
elections,
Duty of, to pay expenses of com-
paring poll books,
To audit acco nts of judges and

clerks of elections,
To pay for furnishing clerks' offi-

To provide looms for clerks' offi-

218
220
220
250

250
252

To license ferries and toll bridges,

Powers and duties concerning fer-
ries, toll-bridges and turnpike
roads, 252, 253, 254, 255, 256

To provide for support of poor
idiots, &c, 277

To authorize establishment of
warehouses for inspections, 287, 288

To have notice of insufficiency of
jail, 298

Required to select jurors, 308

May order special election for ad-
ditional justices and constables, 314

To provide for elections in new
counties, 314

PAGE.

COUNTY COMMISSIONERS' COURT,
May appoint constables, until elec-
tion, 315
Fines collected by justices and

constables to be paid overto, 330,331
To pay over fines to county treas-
urer, 331
Jurisdiction of, respecting licenses, 341
May issue writ of ad quod dam-
num, 378
May grant leave to build mill-
dams, 379
To examine official bonds, 396
Sheriff's to settle with, 516
To require new bonds, if neces-
sary, 390
May establish poor house, 404
May receive donations for, 404
May le vy tax for, 404
May employ agents to establish

poor house, 404

May purchase land for poor-
house, 404, 405
To furnish probate justices with

books, 427

To furnish recorder with books, 432
May levy tax for county purposes,

133, 134,438,599,600
To correct list of assessments, 440, 441
To approve collector's bond, 441

May issue processto collect delin-
quent taxes, 442
May credit collector with delin-
quent taxes, 443
Restriction of, as to crediting col-
lectors, 445
May appoint collector to fill va-
cancy, 448
May appoint assessor to fill vacan-
cy, 452
To cause correction of erroneous

sales, 453

To lay off road districts, 481, 592

To appoint road supervisors, 481

To hear petitions respecting roads,

482, to 489, 592
To notify supervisors of location

of roads, 484

To lay out cait roads, 484

To levy road tax, 485, 592

To levy road labor, 485, 592

Jurisdiction of, over State roads, 486
To order payment for right of

way, 489

Fill vacancy in office of school

commissioner, 498

May remove school commission-
er, 498
School commissioner to report to,

yearly, 500

Sheriff to attend sessions of, 515

May prosecute sheriff' if in de-
fault, 517
To prosecute county sealers for

neglect of duty, 533

May give bounty on wolf scalps,

566, 599
To provide fire proof rooms,, &c. 573

GENERAL INDEX.

663

PAGE.

COUNTY COMMISSIONERS' COURT,
May offer reward for horse -

thieves, 574

Of Cook county, lo select jurors

for Cook county court, 576

Limited in assessment of county

tax, 600

Acts of, in loaning internal im-
provement fund, legalized, 605
Authorized to collect loans, 605
May take renewed bonds, 605
May take but six per cent, inter-
est thereon, 605
Appropriation of money, 605
Suits for road tax, &c, bought in

name of, 489

To have charge of school lands, 496
When to bind minors, 52

To appoint commissioners to take

the census, 89

Powers of, respecting trust pro-
perty, 100

COUNTY FUNDS, treasurer to keep, 138
Account of, to be kept, 138

Amount o\', &c, report of to be

made, 138

CountyVlerks not to receive, 138

Settlements respecting, 139, 140

Penalty for converting, embez-
zling, 139
State of, to be published, 139,140
Examination of treasurer respect-

ing, 140

Refusal to pay over, how punish-
ed, • 140
Penalty for speculating in, 141
How paid out on preferred orders, 141
Punishment for embezzling, 139, 161

COUNTY LINES, to be ten miles from

county seat, 135

Offences committed on, how pun-
ished, 185
Not to be changed without peti-
tion, &c, 411

COUNTY OFFICERS, embezzling pub-
lic money, 139
When to be elected, 215
To reside at county seat, 395
Removing out of county, their of-
fices vacant, 395
Bonds of, to be examined by coun-
ty commissioners' court, 396
When required to file new bond, 396
Act regulating official terms of, 573

COUNTY ORDERS, to be countersign-
ed by treasurer, 136
Punishment for embezzling, 139
Presentation and payment of, 141
Received for revenue, 438

COUNTY POOR, (See County Commis-
sioners, Paupers.)

COUNTY PRISON, (See Jails.)

PAGE.

COUNTY RECORDERS, (See Recorders.)

COUNTY TAX, (See Counties, Taxes.)

COUNTY RECORDS, (See Records.)

COUNTY REVENUE, (See Revenue,
Taxes, Counties.)

COUNTY ROADS, (See Road's.-)

COUNTY SEALER, clerk of county

commissioners' court to be, 533

Duties of, 532, 533

Penalties for neglect of duty, 533

Compensation of, 533

COUNTY SEATS, not to be approach-
ed by boundaries, within ten
miles, 13:j

County officers to reside at,

395, 426, 431
Not to be changed, without notice
and petition,

COUNTY SURVEYOR, (bee Survey-
ors.)

COUNTY TREASURERS and County
Funds , Chapter 28,

41 J

137

COUNTY TREASURER, suits respect-
ing town plats, brought by, 116

To countersign county orders, 136

Term of office, 137, 573

To give bond, and take oath, forms
thereof, 137

Shall keep records of moneys paid
out and received, 138

Not to pay out money without an
order, 138

Shall report to county court at
each term, 138

County dues, fines, license mon-
ey, &c, to be paid to, 139

To settle with county commission-
ers semi-annually, 139

If in default, to be dismissed from
office, and sued, 139, 140

May be required to settle, at any
tune, 140

Speculating in county funds, 140

On dismission of, vacancy how
filled, 140

Refusing to perform duties, how
punished, 140

To indorse orders presented, and
make record thereof, 141

Shall pay orders according to their
^ dates, 141

Shall set apart money for payment
of order, 141

His receipt necessary, to render
payments Valid, 139

Bond of conservator of idiot, &c,
to he given to, 276

664

GENERAL INDEX.

PAGE.

BOUNTY TREASURER—

To receive fines collected for as-
saults, &c, 231
Entitled to copy of laws, 338
To be ex officio assessor, 438
Refusal to act as assessor, to va-
cate his office, &c, ' 438, 452
To keep office at county seat, 438
Not to be sheriff or collector, 451, 516
His duty, if collector fails to pay, 451
Sheriff and deputy sheriff, not to

be, 516

To license shows and jugglers, 520
Not to pay back money collected

in error, 450

COUNTY TREASURY, funds of dis-
solved towns paid into, 115

Fines collected by justices, paya-
ble into, 134

Condition of, to be published, 135

Support of idiots, &c, when to

be paid from, 277

Payments into, by collector, 443. 447

When damages lb right of way

to be paid out of, 477, 478

Effects of person found dead, to

be deposited in, 519

Costs of change of venue, when

paid out of, 530

When proceeds of estates to be

paid into, 549

COURT HOUSES, county courts to

erect, 134, 135

Vacant rooms in, to be leased, 335

County court to have custody of, 135

COURT, COOK COUNTY, act estab-
lishing, 574
To be a court of record, 574
To have seal, 574
Judge and clerk to be appointed, 574
Its jurisdiction of, 574
Process of, teste, issue, execution

and return of, 574
Rules of proceeding in. 574, 575
Effect of its judgments and de-
crees, 575
Terms of, when and where held, 575
Special terms of, 575
To be always open for hearing of

chancery causes, 575

Final judgments in vacation, 575

Judge to sign records of, 575

Recognizances returnable to, 575
Fines imposed by, to be paid into

county treasury, 575
Clerk of, to be appointed by

judge, 575

Bond of clerk of, 575, 576

Jurors for, how selected, 576
Sheriff of Cook, to perform duty

in, 576

Prosecuting attorney for, 576

Fees of officers of, 576

Salary of judge of, 576

PAGL.

COURT, COOK COUNTY—

Judge of, to preside in Jo Daviess

county court, 378
Clerk of, (See Clerks.)

COURT OF CHANCERY, (See Chan-
cery, Circuit Courts.)

COURT, COUNTY, (See County Com-
missioners' Court.)
Clerk of, (See Clerks.)

COURT, JO DAVIESS COUNTY, es-
tablishment of, 576
To have a seal, 576
Judge and clerk of, 576
Jurisdiction of, 576
Process of, 577
Practice in, — 577
Judgments and decrees of, 577
Terms of, , 577
Notice of special terms of, 577
Always open for chancery busi-

siness, 577

Final judgment in vacation, 577

Judge to sign records of, 577

Recognizances to, 577

Clerk of, (See Clerks,) 578

Duties of clerk, 578

Bond of clerk of, 578

Jurors in, 578
Sheriff of Jo Daviess, to perform

duties in, 578

Fees of officers of, 578
Judge of Cook county court to

perform duties in, * .f'78
Salary of judge, 578
Prosecuting attorney in, 578
Compensation of prosecuting at-
torney, 578

COURT, Justice of the peace, considered, 472

COURT MARTIAL, when held, 365
(See Militia.)

COURT OF PROBATE, (See Probate
Court.)

COURT, SUPREME, how constituted, 35

Jurisdiction of, 35, 142, 144

Number of justices of, 35

When and where holden, 35, 142, 488

142

35

142

Chief justice to preside over.

Justices of, how appointed,

Quorum of,

Majority of justices of, to decide
questions,

May license attorneys,

May, for cause, strike attorneys
from the roll,

May make rules of practice, 143, 146

Chief justice of, to examine clerk's
office, 143

Possess appellate jurisdiction, 143

And conclusive jurisdiction in cer-
tain cases, 143

142
73

7;?.

GENERAL INDEX.

665

COURTS, SUPREME, Its powers, as to

execution of its judgments, 143

May adjourn from day to day, 143

Justices of, to hold circuit courts, 143
Justices of, may interchange cir-
cuits, 147
Continuances of causes in, 143
Process, how tested, signed, seal-
ed and returned, 143
Process, execution of, 143
May punish contempts, 144
Original jurisdiction of, in what

cases, 144

Proceedings in, against delinquent

officers, 144

May appoint a clerk, 144

May remove him for cause, 144

Cause of removal to be entered

of record, 144

Parties may make agreed case for

decision ot, 145

Proceedings on agreed case, 145

Certified cases, proceedings on, 145
Opinions of justices to be in wri-
ting, 145
'i o appoint reporter, 145
Justices of, entitled to copies of

reports, 145

Salaries of justices of, 146, 233, 5S4
Vacancies how filled, 148

Sheriff of Sangamon county to at- •

tend its sittings, 151

May grant and hear writs of ha-
beas corpus, 269
Justices exempt from militia duty, 372
. Appeals to, 420
May remand cause or issue exe-
cution, 420
Duty in ease of partial reversal, 421
Equal division of, to affirm, 421
May give damages for delay, 421
Proceedings in, against defaulting

clerks and collectors, 451

Powers of, in such cases, 451

Powers of, in suits against defaul-
ting sheriffs, 517
Clerk of, (See Clerks.)
Justices of, (See Judges.)
(See Circuit Courts.)

COURTS, Chapter 29, 141

Ol the United States, 18, 19, 22, 26
Of the several States, 7

Of the North West Territory, 12

Of this Stale,ho\K constituted, 35

" judicial power vested

in, 35

" to appoint their own

clerks, 36

te judges of, how ap-

pointed, 35

" judges of, terms of

office of, 36

" judges of, how re-

moved, 36

" times of holding,

142, 427, 526, 575, 577

COURTS of this State, acts of, not to be
impeached on triai

of habeas corpus, 271

What tribunals, construed to be, 472
(See Clerks, Circuit Courts, Judges,
Supreme Court.)

COURTS, CIRCUIT, how constituted,

35, 36, 150
To be holden in nine judicial cir-
cuits, 150
Times ot holding of, 526
May appoint their own clerks, 36
Power of, to amend pleadings, rec-

orJs, &c, 48, 49, 51
Power of, to set aside awards, 57
May appoint solicitor for defend-
ant not appearing, 95
To be bound by common law, un-
less it be specially repealed, 186
May compel discoveries in chancery, 97
May compel execution of deed, 98
May prescribe terms of sale, under

decree, 98

May appoint guardian ad litem, 99

May enforce land contracts, 109, 110

May respite sentence of death, 181

When punishment discretionary in, 183
May divide imprisonment between

labor and confinement, 182
May commit, till payment of fine

and costs, 183
To explain consequence of plea of

"guilty," 185
May examine witnesses, in such

cases, 185
Duty of, in trying writs of habeas

corpus, 193
Power of, to reduce bail, 196
May try divorce cases, 197
To decree alimony in case of di-
vorce, 197
Jurisdiction <>f, in suits for divorce, 197
May hear application for dower, 201
May grant new trial in ejectment, 208
To hear cases in bastardy, 85
Jurisdiction of, 93, 146
Bills in chancery to be filed in, 93
May enforce decrees in chancery, 94
Judges of, may make chancery

rules, 95

May appoint masters in chancery, 99

Counties sued in, 132
Power to try appeals from county

commissioners' court, 136

Justices of Supreme court to hold, 143
If one justice be unable to hold

court, another may fill his place, 143
Continuances of, 143
Adjournments of, 146, 147
May issue writs of ne exeat, &c, 146
May try treasons and felonies, 146
Special terms of, _ 148, 149
Of Sangamon county, its jurisdic-
tion in State cases, 149, 156
To admit to bail after indictment, 182
May discharge poor convict in cer-
tain cases, 187

666

GENERAL INDEX.

courts, circuit-
To hear complaints for breaches
of the peace, 190

May order sale of real estate of
wards, 267

May grant writs of habeas corpus, 269

May hear complaints on habeas cor-
pus, and grant relief, 269

To try appeals in insolvent cases, 234

To see that prisoners are humanely
treated, 297

Appeals to, from justices' judg-
ment, 324

To try appeals from justices, 323

Constables, when required to at-
tend, 327

To try writs of certiorari from jus-
tices' judgments, 325

Have jurisdiction of distress for
rent, 334

May issue writs of mandamus, 351

How to proceed on writs of man-
damus, 351, .'52

Have jurisdiction against pay-
masters in the militia, 376

Have jurisdiction of applications
for ne exeat, 381

Have jurisdiction of complaints
of servants, 391

Have jurisdiction of applications
for partition, 399

Exceptions to opinion of, 416

To charge jury only as to law, 417

How to proceed against delin-
quent sheriff, 419

May give damages for delay, 421

Proceedings of probate justices
made matters of record in, 427, 428

To hear informations, in nature of
quo warranto, 429, 430

List of delinquent lands to be re-
ported to, 444

To give judgment against delin-
quent lands, 444, 445

Its order of sale of delinquent
lands, 446

To compel collectors to pay over, 451

To try appeals as to right of prop-
erty, 475

Sheriff to attend sittings of, 515

To try proceedings against defaul-
ting sheriffs, 517

To hear applications for sale of re-
al estate to pay debts, 558

May order the sale, &c, 518

May try appeals, respecting the
probate of wills, 596

Acts of, not to be called in ques-
tion on trials of habeas corpus, 271

When to discharge prisoner for
want of trial, 272

Power of, in enforcing mechan-
ics' lien, 347

Duties of, in anplication for parti-
tion, ' 401

May try cause without jury, if
parties agiee, 414

page .
COURTS, CIRCUIT—

May compel production of books,
,v.c, 414, 415

(See Clerks, Judges, Supreme
Court )

COVENANTS, what contained in "grant,

bargain, sell," 105

(See Conveyances, Lands, Eject-
ment, LinataLions,)

COWARD, punishment for publishing

another as, 172

CREDIBILITY, oi witnesses in crirni*

nal cases, 154

CREDIT, to acts, &c, of States, 5, 23

When sales under decree, to be on, 98
False representations of, 178

To collectors, for delinquent list,

444, 445
On sales of real estate of dece-
dents, 559

CREDITORS, in attachment, what re-
quired of them 58, 63, 71

In attachment, which to have

preference, 61, 69

To snare proceeds of suits, in at-
tachment, pro rata, 69

Lien of, on boats and vessels, 72

• Delaying or defrauding, how pun-
ished," 178

Defrauding of, by conveyances,
&c, 258

May contest insolvent debtor's dis-
charge, 283, 284

When to pay costs in insolvent ca-
ses, 285

It) suits to enforce lien,'to share as-
sets equally, 346

Claiming lien, may contest each
other's rights, 347

May contest validity of incum-
brances, 347

Limitation of liens of, 348

In attachment, to file declaration, 317

Compelled by securities to sue
principal, 493

Neglecting, to release securities, 493

Heirs, &c, of, may be liable to
same notice, 493

Becoming witness to will, 545

When entitled to administration, 547

When he may testify against es-
tate, 556

May present claims not due, 558

May purchase claims, sold in be-
half of estates, 595

CRIERS, at sales by executors and ad-
ministrators, 557

CRIME, laws to prevent, in north-west

territory, 12
What constitutes, 152
Capacity to commit, 152
Counselling infant, &c, to com-
mit, 152

GENERAL INDEX.

667

CRIME—

Married women, committing un-
der coercion, not punishable for 152
Drunkenness no excuse for, 152

Evil intention, essential to consti-
tute, 152
Accessories to, who considered, 153
Against nature, 158
Conspiracy to charge with, pun-
ishment of, 169
What, to render perpetrator infa-
mous, 182
What, to disfranchise and disqual-
ify,' 182
What species of, not bailable, 191
Conviction of, a cause for divorce, 196
Not remitted by repeal, &c, 473

CRIMINAL, resisting officers &c, may

be killed, 156

Governor may offer reward for ar-
rest of, 263
Fleeing from justice, 261, 262, 263
Removals of, regulations concern-
ing, 272

CRIMINAL CASES, venire not neces-
sary in, 184
Special terms to try, 148
Who may be witnesses in, 153, 154
Proceedings in, 183,184
Process in, (See Process, Writ,
Arrest.)

CRIMINAL CODE, penalties of, en-
forced against defaulters, 150
Officers to report defects of, 181

CRIMINAL CONVERSATION, (See ,
Adul tery, Fornication. )

CRIMINAL JURISPRRUDENCE,

Chapter 30,

CRIMINAL PROCEEDINGS, Chap-
ter concerning amendments
and jeofails, not to affect,
Not to bar civil remedy,
To be conducted according to the

common law,
Change of venue in,

CRIMINAL PROSECUTIONS,
of party accused in,
Bound by lapse of time,

rights

190,

151

51

181

186

528

38
191

CROPS, lien of landlord upon, 335

If perishable, maybe sold, 335

If growing, may be preserved, &.c,

335, 557

CROSS BILL, defendant in chancery,

may file, 96

Proceedings and decree thereon, 96
(See Chancery )

CUMBERLAND ROAD, Chapter 31, 194
Provisions for the protection of, 194, 195
(See Trespass.)

CURRENCY, circulating bills as, 175

CURTESY, tenant by, right of husband

to be, how forfeited, 199

CUSTODY of bastard, father when to

have, 86

CUSTOMS of French and Canadian in-
habitants of north-west territo-
ry, respecting transmission of
estates, 12

CUTTING TREES &c, punishment for 179

On school lands, 497

On canal lands, 602
(See Trespass.')

D.

DAMAGES to lands granted for charit-
able uses, 100
On affirmance of judgment, on ap-
peal taken for delay, 128, 421
Right to recover, not bound by

criminal proceedings, 181
Widow may recover for delay in

assigning dower, 202
Widow liable for, if she commit

waste, 202
Not recoverable against party

evicted, in certain cases, 210
Judge of election, liable to, for re-
fusing legal vote, 222
County commissioners' clerk lia-
ble for, for violation of duty. 222
To common fields, 279
For cattle breaking lawful inclo-

sure, 281
Assessment of, on reversal of

judgment on certiorari, 326

In mandamus cases, 252

For overflowing finds, 379

On dissolution ol injunction, 383

Assessment of, by clerk, 415

And when by a jury, 415

Assessment of, on penal bonds, 416

In replevin, 434
For right of way, how assessed

and paid, 477
For injuries to passengers &c, on

roads, 480

On laying out cart road, 484
For injury to stock at saltpetre

caves. 490

Sustained on steamboats, 522

For obstructing fordable stream, 593
On canal, appraisement of, 612, 613

Malicious, to property, 179

CRUELTY, a cause for divorce,

196 i DAMS, (See Mill-dams.)

GENERAL INDEX.

DANCING. Set Heji
. T.sthon

• - : .

[8«

: '
174

176, isa

-

- - • - - . -■.:.;•- '. t 27-

- •" 118

DEADLY WEAPONS, ass ..'. 15.J

D Z A I ": : . 7 . j .

- 7 181

• - - Sj .
". I - Son

• ■ • -

oq : -. I

s-

44

,-:r7 - 2 • " ■ " . .

Of principal. - 1 ail.

Record of. to be m \

"air what time, to constitute

156
astard child, concealment of. 157
Oi innocent persor. caused by

_:::-:;•. -'."'-

'.':' - ■..:.:~.f. '::":: :.? ~ -. ■.; : .-

Of plaintiff, not to disturb lien, 307

143

_ -
145

lTIKG SOCIETIES, formation

DEBT ".. . 7. '-''■- sent i-

I I ' - . ■ -

■ -
May witness, astt

tc -.

-

. 33 ft

123

295

5

DEBT-.

562, 563

! " - - - .

. - ■- - . .

,19,24

- - ' . r.

-

. -

561

DEBT, imprisonment for, restricted, 570

. Sen State debt.)
Of the canal, how paid, 612

.57

r—

jfctiom off by petition and sum-

US

a jurisdiction ot justices

315
against collectors, tor
"speculati 7. 141

- :"; .7;:-. :"::

for pissing; unlawful
bank no". ; .
a tg St sp f cial bail,

lor not inclosing castor

;. >.'

for improper census re-

tur 90

for » iolation of census

91

II 7. C 2. IT, punishment for, 1 1 -

races against, 174. .

D Z C I SI VS. - :::--.-

i

Reporter of, his duties,

LARATIOX OF IXDEPEXD-

- -' - : "

I ECLARATK X 1" RIGHTS,

: 1 L AR ATIQX, in attachment, 1 1 .
la. Ej:te!Mimtr service of, 205,

menls contain-
ed in,
to recover dower,
I
contain sereral
coc:.
fit: 7.
■ - 2 neirs or de

.
Petition, i place of,

\nacire facias*
(See Pikatiirngj Practice.')

a chancery, how enforced,

-■'. to be lien on lands,
- sons not serred,

- -

! BSj

When it may be vacated,

Oa cross bill,

:'.• -:;: .: . ::' :;?:.:: -r:f::-

:
T -? lien oa lands,

2 to be hen on personal es-
- .
How carried into effi
Punishment for disobeying,
ing title to lai.d,

4:7
. i

■-.'■

- '

261
4>
418

159

*JI

i«4

95

•"

95

toWn

:.-,

96

33

-

96

98

-

99

-

109

GENERAL INDEX.

669

DECREE—

Of a court, not to be called in
question on hearing of habeas
corpus, 27 1

(See Chancery, Practice.)

DEED, of trust, operating as a mort-
gage, effect of, 92
Execution of, under decree of

court of chancery, 98

When to be recorded, 98, 432

Execution and effect of, 102

To land, how made good after sale, 104
Construction of certain terms in, 105
In the nature of security, consid-
ered a mortgage, 105
Execution of, by married women,

106, 107
Acknowledgment of, 105, 106

Of estate of wife, by husband and

wile, 106

Proof of execution, how made to

officer, 107

In what county recorded, 108, 109

To take effect, from time of filing

for record, 108

To be evidence to a certain extent, 108
Of lands of counties, 108, 132

When considered notice to subse-
quent purchasers, 109
Successor of sheriff may execute, 109
In pursuance of pre-existing con-
tract, 109
Of release of mortgage, 110
Punishment for defacing, &c, 162
Making of, by personating anoth-
er, 167
Of lands sold in execution, when

to be given, 302, 304

Of sheriff, to lands sold on execu-
tion, form of, 304
Of sheriff, what to be evidence of,, 304
Probate justice may take proof

of, &c, 427

Of lands sold for taxes, collector

to give, 447

Of collector, execution and effect

of, 447, 448

Of collector, how contested, 448

Of auditor, to forfeited lands, 450

Of collector, its effect as evidence

restricted, 453

Of sheriff, how executed and ac-
knowledged, 519
Of trust of canal property, when
to be made, 600
(See Conveyances.)

DEDIMUS, to take testmony, 68, 580

How sued out, and to whom di-
rected, 233, 580
Not Mecessary in the case of resi-
dent witnesses, 234
To perpetuate testimony, 236
To take proof of wills, t37
(See Depositions.)

: DEFACING, advertisements, 175

Marks and brands, 1 til

| DEFAMATION, malicious, 172

i

I DEFAULT, judgment by, 68, 415, 418

Entry of, in ejectment, 206

May be set aside, '415

DEFAULTERS, 138, 150, 162, 516, 517
disqualified from holding offices,

162, 516
DEFECTS, in the laws, various officers

required to report, 395

DEFECTIVE deed, what proof of, 109

DEFENCE, Congress to provide for, 19
Of garnishee in attachment, 62, 69

Of defendant in attachment, 69

Of father of bastard, 85

Of suits in behalf of counties, 133

In suits on negotiable instiuments, 385

DEFENDANT, when may recover costs

of the State, 150
Non-joinder of, 43
Not joined, names may be inser-
ted in declaration after plea, 44
If not served, suit to proceed, &c. 44
Dying before final judgment, not

to abate suit, 44
Death of one, not to abate suit as

to others, 44

In attachment, service on, 64
May be summoned by reputed

names, 65

Set off by, in attachment cases, 69
In attachment, may have, property

restored, 70

May defend without attorney, 75
May surrender in discharge of bail

bond, 82
May be surrendered by bail in

discharge of bond, 82
May be discharged on giving new

bond, 82
In chancery, how to be served, 93, 94
" not served, rights se-
cured for a time, 95
Refusing to enter his appearance, 95
In chancery, when to answer, &c. 95
One of several, to recover costs,

on acquittal in certain cases, 127
In suits for dower, how served, 201
In ejectment, appearance of, 206
Occupant of land may be, in eject-
ment, 206
Proceedings against, in ejectment, 207
In ejectment, death of, 208
Plaintiff in ejectment, to elect

against whom to proceed, 207
On recovering in ejectment, entitled

to writ of possession, 209
In ejectment, right of on new trial, 209
Rights of, when sued by part-
ners, &c. 233

670

GENERAL INDEX.

DEFENDANT—

Joint rights of, when sued, 233

Death of, to stay execution one

year, 301

In execution, may redeem lands, 302
May retain property, on giving

bond, 306, 326

May be surrendered by bail, 317,318
Proceedings if he do not appear, 318
Sued jointly, how proceeded a-

gainst, " 318

Sued before justice may pay costs

to constable, 319

May not set-off claim acquired

after suit brought, 319

Property of, wnen bound by exe-
cution, 326
May tender amount due to consta-
ble, 326
Evading service of process, how

brought in, 327

Able to pay, but refusing, may be

imprisoned, 328

In suit to enforce mechanic's lien,

his answer, &c. 346

In ne exeat, to give bond or be

committed, 382

May be surrendered by security

in ne exeat, 382

To induction, punished for diso-
beying, 383
Where may be sued, 413
, Made party to judgment, by

sci. fa. 414

May plead several matters, 415

May rejoin several matters, 415

Not to deny execution, of writing

without affidavit, 415

To have notice of assessment of

damages on penal bond, 416

May set-off demands, &c. 416

In attachment, when to have judg-
ment, 417
To plead to petition and summons, 418
One of several may appeal, &c. 420
In execution or attachment,

when to bring replevin, 433

Avowry and cognizance by, 434

Application for change of venue

by, 528

In custody for debt, how released, 570
(See Parties.)

DEFINITION, of words and terms, (See
Construction. )

DEFRAUDING, punishable, 178, 258

DEGREES, of consanguinity, 173

DELAY, damages for, in appeals, 128, 421

DELINQUENT, Collectors, 79, 150, 441
List, collector to be credited with, 443
Lands, to be reported to circuit

court and sold, 144, 445

Lands, order for sale of, 446

DELINQUENT—

Land, letters and figures used in
proceedings, 446

Lands not sold, forfeited to the

State, 448 .

List, fees on, not payable by State
until collected, 453

DELIVERING, challenges, threatening

letters, &c. 157, 170

DELIVERY BONDS, 91, 300, 476

DELIVERY of papers unlawfully with-
held, 432

DEMAND for taxes, 442

Of executor, &c. against estate

how allowed, 562

For delivery of fugitives, 261

DEMANDS, consolidation of, before

justices, 320

Proved by oaths of parties, 320

Against estate, in what order paid, 561

Against boats and vessels, 7 1
Separate, not merged in judgment

against joint defendant, 318
Acquired after suit brought, not

admissible in defence, 319

DE MEDITATE LINGUAE, jury, trial
by not allowed,

DEMURRER, judgment in case of,
Costs in judgment on,
To declaration in ejectment,
(See Pleading, Practice.)

185

50
127
206

DENOMINATION, marriage according

to usage of, 353

DEPOSITIONS, probate justices may

take, 427

Commissioners to take, in other

States, 5S0

Absent party, how notified of ta-
king of, 580
Taken in proof of wills, 537 j
Of witnesses in attachment cases, 68
Masters in chancery may take, 99
Taken in election contests, 223
Of non-resident witness, how

taken, 233, 580

Notice, with copy of interroga-
tories to be served, 233, 580
Who authorized to take,

99, 233, 234, 427, 580
To be taken and returned, 234

Of resident witnesses, how taken,

214, 580
To be signed by witness, certified,

and returned, 234

Property taken and returned, to be

read fn evidence, 235

Powerof officers taking, 235

Attendance of witness compelled, 235

GENERAL INDEX.

671

PAGE.

DEPOSITIONS—

Not to be written or dictated by

the parties, 235

Void, if returned unsealed, 235

Seal not to be broken without

leave of court, 235

To perpetuate remembrance of

certain facts, 235

In pcrpetuam, how taken and re-
turned, 236
" c; how to be used in ev-
idence, 236
When used injustice's courts, 319
In justices' court, how taken, 319
To be read on bearing of ne exeat

and injunction, 383

(See Evidence, Witnesses.)

DEPUTY SHERIFF, not to practice as

attorney, ~3

Not to be special bail, 80

Not to be county treasurer, 451, 516

Appointment and duties of, 515

Not to purchase property sold by

him,' 516

County treasurer not to be, 516

DEPUTIES, Clerks may appoint, 395

Recorders may appoint, 431, 587

Surveyors may have, 524

DESCENDING BOATS, rules regulat-
ing, 522

DESCENT OF ESTATES, in north-
west territory, 1 1
Rule of, 545, 546

DESERTION, a cause of divorce,

196

DESTROYING grain, 179

Legal advertisements, 175

Deeds and other papers of value, 162

Boundary trees, 162

County jail. 179

DETAINER, (See Forcible Entry £;c.)

DETINUE, Chapter 32,

On affidavit filed, capias to issue,
Bail to be taken in,
Condition of defendant's bond,
Effect of insufficient return,
Rights of parties to bail bond,
Proceedings in, haw conducted,
Limitation of actions of.
May survive for and against exec-
utors, &c,

DEVASTAVIT, when executor or ad-
ministrator guilt}' of,
When executor or administrator
sued for,

DEVISE of lands or personal estate by
will, to bar dower therein, un-
less. &c,
(See Conveyances, Ijinds, WiUs.)

DEVISEE, if infant, to have guardian

ad litem, 260, 599

Selling lands, to be liable for debts, 260
Suits against, lor debts of ances-
tor, how conducted, 260
Dying, estate of, how disposed, 539

DICE, importing into this State, 174

DIES, for counterfeiting, having, 164

DILIGENCE, necessary to bind indor-
se^ 385
To entitle to preference in attach-
ments, 61, C9

195
195
195
195
195
196
196
348

563

562
564

199

DIMINUTION, of records &c„
Of estates,

49

545

DIRECT TAXES, and representation in

Congress, 17

DISABLING, limb,&.c.

158

DISCHARGE of apprentice, if ill-treat-
ed, 54
Of apprentice for attempted remo-
val from State, 55
Of liability of garnishee, on de-
livering property, 67
Of treasurer's bond, in case of his

death, 79
Of bail, 81, 82
Of defendant from jail, 82
Of bail by death of piincipal, 83
Or by his imprisonment, &c, 83
Or by his discharge as an insol-
vent, 83
Of reputed father of bastard, 86
Of mortgage from record, 110
Of convict, after replevy of judg-
ment for fine, fee., 187
Of poor convict in certain cases, 187
On habeas corpus, effect of, 171,272
Who not entitled to, on habeas

corpus, 272

Of prisoner from want of trial, 272
Of bail by bringing out prisoner

in custody, 274
Of insolvent' debtor, 283, 284
Of insolvent, effect of, 286
Of jurors, for sickness, &c, 311
Of mortgage, by executor or ad-
ministrator, 63

DISCLOSURES, of defendant, not con-
clusive, 97
(See Chancery, Evidence.')

DISCONTINUANCE, costs on, 127

DISCOVERY, when compelled, as to

trust funds. 97

Of eraming contracts, compelled
b'v bill, 264

672

GENERAL INDEX.

DISCOVERY—

Of defendant, not conclusive,
Not to be used against him in
criminal prosecution,

PAGE.

97
97

DISMISSAL, of suit for want of secu-
rity for costs, 126
Of suit by justice, if plaintiff do
not appear, 318

DISOBEYING DECREE, punishment

for, , 99

DISORDERLY Conduct at elections,

how punished, 218

Punishment for keeping, 174

DISSECTION, of bodies of criminals,

176, 182

DISSOLUTION, of corporations,

114, 119, 120
Of injunctions, 383

DISTRACTED PERSONS. (See Idiots
and Lunatics.)

DISTRESS, warrant to make repair of

partition fences, 280

For rent, what property exempt

from, 306

Justices have jurisdiction of, 316, 334
For rent, how levied and collected, 334
When unlawful, replevin the rem-
edy, 432

DISTRIBUTION, of assets in attach-
ment, 69
Of laws and journals of the Gen-
eral Assembly, 338, 339
Of laws of Congress, 339
Of the revised statutes, 472
Fund of United States, receipt of, 616
Of effects of defunct corporation, 1 19
Of estates, 545, 546
Of personal property under will, 557

DISTRICT OF COLUMBIA, power

of congress over, 20

Included in the term "State," 472

DISTRICTS, congressional, division of

State, 101

Senatorial or representative, can-
vass of votes in, 219

DISTURBING, the peace, how punish-
ed, 171
Religious congregations, 177

DIVIDEND, of school fund among the

counties, 51

DIVISION, of north-west territory, 12

Of money collected in attachment, 61

Of counties, regulations respectm*.1',

13o,542

PAGE.

DIVISION—

Fences in common fields, how

kept up, 279

Of property taken in execution, 302
Of property to be sold to satisfy

mechanics' lien, 341
Of the militia, 356, 357

Of lauds sold for taxes, 445

DIVISION INSPECTOR, appointed, 357
Duties of, (See Militia.)

DIVORCES, Chaptkr33, 196
Circuit court to have jurisdiction

of, 196
Proceedings, where had, 197
When trial shall be by jury, 197
Proof of, a defence in prosecu-
tion for bigamy, 173
Impotency, a cause of, 196
Former marriage, a cause of, 196
Adultery after marriage, a cause

of, 196
Wilful desertion and absence for

two yeais, a cause of, 196

Cruelty for two years, a cause of, 196
Drunkenness for two years, a

cause of, 196
Conviction for felony, a cause of, 196
Legitimacy of children, not affec-
ted by, 196
Circuit court jurisdiction of, 196
Answer of defendant, not to be on

oath, 197

Process issuable to any county, 197

Residence of parties in this State, 197

Not granted in case of collusion, 197
Not granted, when both parties

are guilty,' 197

Mode^of trial, 197

Proof of marriage, 197
Poor woman may prosecute for,

without paying costs, 197
Courts of chancery, general juris-
diction in cases of,* 197
Courts of chancery to regulate

costs in, 197
Courts of chancery may regulate

proceedings in suits for, 197

DOCKET FEE, to be collected by clerk, 31 1

DOCKET, to be kept by justices, 316, 317
Nature of entries therein, 317
To be transferred by justice go-
ing out of office, 331
Clerks of circuit courts to keep,

414, 419

DOCKETING, causes ror trial,

414

DOCUMENTS, court may require pro-
duction of, 95
Falsifying} altering, concealing,
or forging, by officer, 167

DOMESTIC BILLS OF EXCHANGE,

Damages on protest of, 384

GENERAL INDEX.

673

PAGE.

DONATIONS, of lots in corporate,

towns, 115

To academies, 118

To religious societies, 120

DOORS, punishment for injury, 179
Of General Assembly and of com-
mittees to be open, 32

DOUBLE VOTING, penalty for, 177,217

DOWER, Chapter 34, 198

Relinquishment of, 105

Mode of relinquishment of, 1 07

Widow's right of, 198

Equitable estates, subject to wid-
ow's right of, 198
Widow of alien entitled to, 198
What estates 'subject to, 198
Conveyances in lieu of, 199
Jointures, trusts, &c. in lieu of, 199
Barred by devise by will, unless

widow otherwise elect, 199
Widow may have, by renouncing

will, 199

Forfeited by adultery, 200
Of wife, not affected by any act,

default, Sec. of husband, 200
What estate widow may have in-
stead of, in certain cases, • 200
Inlands, exchanged by husband, 200
Assignment of, 200
Duty of heir at law, to set-ofFand

assign, 200
If not done, widow may sue for

assignment of, 200
Jurisdiction of chancery in such

cases, 200
Proceedings on petition, 200
Unknown parties, how notified, 201
Court may try suit for, 201
Commissioners appointed to as-
sign, 201,210
Their duties, 202,210
Lands assigned as, vested in wid-
ow for life, 202
Of lands in different couiries, 202
Yearly value may be assessed, 202
Heirs may petition for assignment

of, 202
Fees of commissioners assigning,

203, 210
In estate, not released by sale as

executrix, &c. 203
Recoverable by action of eject-
ment, 205, 206
Assignment of, inaction of eject-
ment, 210
Writ of possession to issue, &c. 210

DROVERS, Chapter 35, 203
How punished for driving off an-
imals &c, 203
Fieri facias against for driving a-

way stock, 204

Additional act for punishment of, 579

43

DRILLS, {See Militia.)

DRIVERS, drunken, not employ; 480

liability of, for trespasses on roads, 481

DRUGS, poisonous, administering, 158

DRUNKARD, cannot bind his child, 52

DRUNKENNESS, no excuse for crime, 15:
Person causing drunkenness with

criminal intent, punishable, 152

A cause for divorce, 196

Drivers of public carriages dismis-
sed for.

DUE BILLS, character of,

480
334
157

DUEL^challenging another to fight,

Causing death in, how punished,

40, 157
Sending, accepting or carrying

challenge, 157

Being present at the fighting of, 157
Proof on trial of indictments re-

specting,
Duty of officers to prevent,

153
171

DUPLICATE WARRANTS, when is-
sued, 79,80
Certificate of sale of lands, to be
evidence, 3C2

DWELLING-HOUSE, punishment for

burning, 160

Punishment for injuring, 170

Of husband, widow to retain, 202

E.

EAR, slitting of, 153

EAR MARKS, of domestic animals, 352

EDUCATION, to be encouraged, 14, 117

Regulation of, in academies, 119
Of waid, guardian to superintend,

266, 267
(See Schools.')

EFFECTS, in hands of garnishee, 62
Of person found dead how dis-
posed of, 519

EJECTMENT, Chapter 36, 204
Action of, may be retained and

brought, &.C., 204

By whom it may be brought, 205

Who cannot recover in action of, 205
Against whom action' to be

'brought, 205
Action of, how commenced, 205
Fictitious names, use of, abolished, 2C5
Averments of declaration, 205
Action of, may be brought to re-
cover dower, 205

674

GENERAL INDEX.

EJECTMENT—

Joinder of plaintiff's in different

counts,
Filing of declaration in,
Pleadings, notices, services, &c,

on part of plaintiff.
Authority of plaintiff's attorney
to commence suit, maybe de-
manded,
Pleading's, &c, on part of deft.,
Incidents of trial, in action of, 206, 207
Verdict, in actions of, how ren-
dered,
Recovery in actions of,
Judgment, nature of,
Writ of possession,
Judgment in, may be vacated,
New trial of, aiay be granted,
Judgment by default, effect of,
Disabilities of defendants in acticns

0|"'
Death of person entitled to bring

action of,

Possession by virtue of recovery

205
205

206

206

206

207
208
208
208
208
208
208

209
209

208

209
209
209
210

210
210

210

211

211

Damages for profits, how recov-
ered,
Plea of defendant in,
Improvements made by defendant,
Writ of inquiry in action of,
Death of plaintiff in, proceedings

in case of,
Assignment of dower, in action of,
Commissioners to assign dower in

action of,
Rights of person evicted from

lands by action of,
Adjustment of claims of parties to

action of, after judgment,
Damages assessed after iudgment,

211,212
Improvements made, 211,212

Occupying: claimant in actions of.

his right, ' 212

Notice to be given before suit

brought, 212, 213

Lessee of U. S. may bring action

of,
Abatement of actions of,
Official certificate of register or

receiver, used in actions of,
Of tenant for nonpayment of rent.
What proof of possession of TJ. S.

lands, in actions of,

213

207

233
334

336

ELECTION, of widow, whether she will

take jointure or dower, 199

As to dower in lands exchanged
by husband, 200

Of plaintiff in ejectment, as to
whom he will proceed against, 207

Of electors to be published, 214

Of widow alter estate proves sol-
vent, 555

1:1
26
182

38
119

120

ELECTIONS, Chapter 37,

Of senators and representatives,

213

PAGE.

ELECTIONS—

times, places and manner of,
how prescribed,
Of President and Vice President,
. how conducted,
What criminals disqualified from

voting at,
Of member of General Assembly, '

31, 40, 221
Each House to be judge of, 31, 18

Of Governor, time and manner of, 33
Of Lieutenant Governor, 34

Of attorney general and circuit at-
torney, 40, 75
Of auditor and treasurer, 40, 77
In incorporated towns, 112
How held, and incidents thereof, 112
To be free and equal,
Of trustees of academies, 117,
Of trustees of religious societies,
Of officers of library associations,

122,123,124
Of county commissioners, 130,131

Of county commissioners' clerk, 131
Of county treasurer, 137

Of judges of supreme court, 142, 224
Of militia officers, 359, 360, 376

Of militia officers, mode of con-
testing, 361,362
Of recorders, 431
Of county surveyors, 523
Of county officers, act relating to, 573
Of trustees of Illinois and Mich-

gan canal,
General, when to be held,
Returns of, how transmitted,
Returns of, by whom canvassed,
Tie, how decided,
General, when held,
Precincts, counties to be divided

into,
Judges to be appointed,
Places of holding,
Clerks of, how appointed,
Notices of, to be posted up,
Judges and clerks of, to be sworn,
Times of opening and closing the

polls,
Manner of voting at.
Double voting at, penalty for,
Who qualified to vote at,
Oath to be taken by voter if chal-
lenged,
Punishment for falsely swearing in

a vote,
Penalty for voting illegally,
Preservation of order at,
List of votes to be made,
Return of, to be made by judges,
Poll books, return of,
Opening and canvassing votes re-
turned,
Comparing of poll books of differ-
ent counties, 219,220
How decided in case of a tie, 220
Of Senator &c, to fill vacancy, 221
Of Governor, to fill vacancy, 221

609
214
214
214
214
215

215,

215
216
215

215
215,216
216

217
°17
217
217

217

217
217
218
218
218
219^

219

GENERAL INDEX.

675

ELECTIONS—

Misconduct of officers of, how

punished, 221

Frauds committed concerning, 222

Contests respecting, 222, 223, 224

Testimony in contests, how taken, 224
Costs respecting contests, how

paid, 224
By General Assembly, how con-
ducted, 224
By General Assembly, vote of two

thirds required, 224
Bettiig on the result of, how pun-
ished, 224
To fill vacancies of justices and

constables, 314
In new counties, 314
Of probate justices, 426
Of school commissioners, 498
Contests respecting, 498
Of school trustees, 503
Of school directors, 507
Of sheriff, when new to be order-
ed, 566

ELECTORS OF PRESIDENT AND
VICE-PRESIDENT,how cho-
sen, 21, 26, 214
Duties and compensation, 21, 26, 214
Vacancy in office of, how filled, 215
To be notified of election, 214
Where to meet, 214

ELECTORS, at State elections, manner

of voting by, 217
Qualifications of, 33
Privileges of, 33
Voting more than once, how pun-
ished, 177, 217
Who entitled to rights of, 217
When to be sworn, 217
Place of voting, 217
Manner of voting by, 217
In incorporated towns, 111

ELIZOR, (See Sheriff, Service.)

EMBANKMENT, punishment for inju-
ring, 179

EMISSION, proof of, when not neces-
sary, 158

EMBEZZLEMENT, of property of

State, county, or corporation, 161

Of records, &c, b)r officer, 167

Of funds by public officer, 398

Of "interest fund," how punished, 600

Of property of estate, &c, 556

EMBRACERY, definition and punish-
ment of, 170

ENACTING CLAUSE, of laws of Illi-
nois, 32

ENCLOSURES, &c, (See Inclosures, $c.)

ENDORSER, (See Indorser, §c.)
ENGINES, fire, 125

ENGINEERS, of boats, may attach for

virago,

On canal,

72
614

ENGLAND, what laws of, to be in force, 337

ENGLISH language, to be used in com-
mon schools, 506

ENGROSSING CLERK, entitled to co-
py of laws, 338

ENROLLING CLERK, entitled to co-
py of the laws, 338

ENTRY, of land, how proved, 232

On judgment docket, 419

Of reference, in arbitration cases, 58

Of births anddeaths, forms thereof, 88

Of plea of not guilty, 185
Under title, need not be proved, in

ejectment, 207
Into lands barred after twenty

years, 349

ENTRY, forcible, (See Forcible Entry,
Burglary. )

ENUMERATION, of inhabitants of
State, (See Census.)

EQUITY, (See Chancery.)
EQUITABLE ESTATES, subject to

widow's dower,
Subject to sale on execution,

198
301

ERRONEOUS SALES, of lands for tax-
es, 450, 433
Officer selling, liable for, 450
Entries of, 450, 453

ERROR, effect of. after judgment, 50
Writ of, allowed, in attachment

cases, 69

Writ of, to supreme court, costs on, 128

Motion for writ of, 181

Party aggrieved, to have writ of, 188
Writ of, allowed to justices and

constables, 333
In what cases allowed, 416
Release of, by confessing judg-
ment, 417
Assignment of, 145, 188

ESCAPE, of prisoners, punishment for

aiding, 168, 169

Forfeiture for permitting, 406

ESCHEATS, Chapter 38, 225

General provisions respecting,

225. 226, 227

676

GENERAL INDEX.

ESCHEATED LANDS, rights of State

in, 225

What may be considered, 225

How recovered by State, 225, 226

Sale of, 226, 227

Avails, how disposed of, 226, 227

Claimants, rights of, respecting, 226
Rights of infants, &c, saved, 227

200

203
265
536
537
38
106

121
186

11

103

ESTATE, of wife, not affected by act
of husband,
Disposition of, after death of

widow,
Of ward, guardian to manage,
What may be devised,
Conveyed by nuncupative will,
Not forfeited by conviction,
Of wife, how conveyed,
Of religious societies, how dispos-
ed of,
Judgment for fines, a lien on,
Provisions of ordinance respec-
ting, in North West Territory,
Of aliens, how held and disposed

of, 47, 48

Conveyances of, 102

Rights of various persons in, enu-
merated,
Rights of executors and trustees

in, 104

Held in joint tenancy, or tenancy

in common, 104

Held, in fee simple, fee tail, and

for life, 104

Of inheritance how created, 105

Of deceased persons, how made

liable for frauds, 259

Of idiots, &c. how disposed of, 276
Partition of, 399

How managed during minority of

executor, 541

How managed before probate of

will, 541

How affected by division of coun-
ty, 543
Administrator appointed to col-
lect and preserve, 543
Debts due, may be sued for, 545
Descent and distribution of, 545, 546
Inventory and appraisement of, 554
Settlement of, 556
When answerable for costs, 557
Settlement of accounts of, 562
Proceedings relating to, not affec-
ted by repeal, &'c. 565
Sale of claims due to, 595
Suits concerning, b}r non-resident

executors or administrators, 597

Of wife, husband to share, 546

Brought into hotchpot, 546, 547, 563
Post-nuptial children to share in, 547
In hands of public administrator, 548
Of non-resident intestate, how

disposed of, 549

Newly discovered, to be invento-
ried, 555

ESTATE—

Embezzled, how discovered, 556

Chargeable to executor or admin-
istrator, 556
Sales of, under will, 556
( (ath of creditor against, 556
Insolvency of, to bar claim for

costs, 560

Demands against, order of pay-
ment, 561
Claims against, when barred, 561
(See Real Estate, Property, Lands,
Wills.)

ESTRAY, Book,' to be kept by justice, 228
To be kept by county clerk, • 228
Notices and advertisements, 228

Papers transmitted to public prin-
ter, 229
Book, watercraff, entry of, in, 230

ESTRAYS, Chapter 39, 227
Duty of person taking up, 227
Appraisal and examination of, 228
Disposition of, 228, 229
When vested in taker up,' 229
Penalty for disposing of impro-
perly, 229
Sale of, 229
Altering marks and brands of, 229
How recovered by owner, 229, 230
Liability of person taking up, 230
Fees of officers and others con-
cerning, 231

EVICTION of person having title, not

to make him liable, &c. 210

EVIDENCE AND DEPOSITIONS,

Chapter 40, 232

EVIDENCE, of publication of adver-
tisement, 47
Sealed papers from offices of Au-
ditor anu Treasurer, 78
Collectors accounts, certified by

Auditor, to be, 79

Mother may give of paternitv of

tard, 85

When copy of chattel mortgage

to be, * 92

Answer, how far to be, 96

Answer to cross bill to be, 96

On trial of issue in chancery, 96

Answer, not to be, on indictment

for alledged fraud, 97

Deeds and conveyances to be

used as, 108

When transcript to be, 108

Of execution of deeds, in case

of death, 110

Official statement of certain offi-
cers to be, 150
Of participation in duel, 158
In trials for counterfeiting and

forging, 165

In suit for libel, truth may be
given in, 172

GENERAL INDEX.

67'

EVIDENCE—

In prosecutions for bigamy, 173
In prosecutions for adultery or

fornication, 173

Rules of, at common law, 186
Confession of defendant in divorce

case, 197
Of marriage in divorce case, 197
In ejectment, 206
Printed statutes to be, 232
Reports of decisions to be, 232
Authenticated judgments and pro-
ceedings to be, 232
Official certificate of land offices

to be, 232

Patent for land, what species of, 233
Laws certified by Secretary of

State to be, 233

In actions brought by partners, 233

In actions brought by joint payees, 233

In actions brought against several, 233

In actions upon contracts, 233
Depositions properly taken and

returned, to be read in, 235
When taken inperpetuam, 235,236
Negroes, mulattoes and Indians

not permitted to give, 154, 237

Duplicate certificates of sales on

execution, to be, 302

Of sheriff's deed, 304
Entries of resignation of justices

and constables to be, 315

In justices court, how given, 319
Parties before justice, may give, in

certain cases, 320
Of alteration of marks and brands, 352
On hearing of ne exeat and injunc-
tion, . 383
Of freedom, certificate of filed by

negro to be, 388
Record of notary to be, 392
Admission of facts in, 415
Collectors' bonds, where read in, 441
Of collector's deed, 448, 453
Of records of county commission-
ers' clerk, 448
Of legatees to wills, 529
Authenticated copies of wills to

be, 540
Inventories and bills of appraise-
ment, read as, 555
Of creditor, to claim against estate, 556
Notice to absent party of, taking of, 580
Of proceedings before probate jus-
tice, 426, 427, 585, 586
Of transcribed records on military

tract, 587
Revised Statutes to be used

in, 474, 585
Of acts, records, &c. of other

States, 624

EXAMINATION, of attorneys, 73
Attorneys from other States, ad-
mitted without. 73
Of offices of cleiks, 143, 147
Of offenders, before justice, 191

EXAMINATION—

Of witnesses on interrogatories, 234

Of fugitive from justice, 262

Of printer's accounts, 423

EXCEPTIONS, to bail, 81

To answers, when filed and argued, 96

Overruling of, gf;

To indictment, 181
Bills of, in criminal cases, to be

signed, &c, 18S

To opinions of the court, 416

To verdict, 417

EXCHANGE BROKERS, to be li-
censed, 437

EXCUSABLE HOMICIDE, defined, 157
Burden of proof in mitigation, is

on the accused, 15?

EXECUTION, against debtor in attach-
ment, 61
Against garnishee in attachment, 62
In attachment against, when to

issue, 68

Against boats and vessels, 72
Against principal, who has given

bail, 81
To be returned unsatisfied, before

suit against bail, 83
Eor costs in bastardy cases, 86
If returned unsatisfied, bill of dis-
covery to be filed, 97
Of deed under decree of court, 98
Decree carried into effect by, 98
Articles exempt from, not affected

by chancery proceedings, 9L>

Of release of mortgage, 110
For costs in certain oases, 127, 129, 32f.

Costs in chancery collected by, 128

Not to issue against counties, 133

To be issued for fines and costs, 186

On bond replevying judgment, 187
For fines, &,c. stay by replevy

bond, 187
For fines, &c. issuable- to any

county, 187

Penalty for failing to collect, 250
Fraudulent, to injure or delay

creditors, void, 253
Wnat property insolvent may hold

exempt from, 286
What property subject to, 3G0
From what time property is sub-
ject to, 300
When to be issued, 300
To be a lien upon lands, 300
Delay of, by death of defendant, 301
U. S. lands, held by certificate

of purchase, subject to, 301

May go to any county, 301
May be against the body for tort or

trespass, 30!
1\ ot to issue against heir, executor,

&c, unless, &c, 301

When returnable, 301, 323

When to bind goods and chattels, 301

678

GENERAL INDEX.

EXECUTION—

Personal property, last to be taken

in, 301

Plaintiff may elect what property

to take, " 301

Division of property taken in, 302

Mode of selling real estate on, 302

Certificate and deed for lands sold

on, 302, 304

Redemption of lands sold on, 302, 304
Not to bind estate iu another coun-
ty, unless, &c, 305
Sale of personal property, notice

to be given, 306

Property taken on, to be retained

by defendant on giving bond, 306
Property exempt from,

306, 331, 286, 329
Penalty for taking property subject

to, 306

Against persons dying after judg-
ment, 307
Notice of issuing of, to be given

in such cases, 307

Not to issue in twelve months af-
ter death, 307
When returned unsatisfied, garni-
shee process may issue, 307
Death of plaintiff' not to delay, 307
Executors, &c, may bid off real

estate sold on, 308

Against bail, in actions before jus-
tices, 318
From justice, when to issue, 322, 323
From justice, form of, 323
When issuable instanier, 323
On what property to be ievied, 323
May issue to other counties, 323
To other counties, how authenti-
cated, 323
If issued, to be stayed by appeal, 323
On appeals from justices, 325
From justices, when to bind prop-
erty, 326
On return of, constable to pay

over, 327

Sale of property on, 326

Against security for cost, 327

In trespass and Irover, may be

against goods or body, 328

May be against the body, if prop-
erty is concealed, 328
Against special ba:I, 328, 329
In cases of assaults and affravs, 329
What property exempt from", in

case of assaults, &c, 329

Constable may collect, after going

out of office, 331

On official bonds of justices and

constables, 332, 333

For balance, in suit enforcing.lien, 348
On judgment in mandamus cases, 351
On official bonds, to take prop-
4 erty of principal first, 399

On penal bonds, how issuable, 416

Penalty for not returning, 419

To be issued in cause remanded, 420

EXECUTION—

Defendant in, when may bring re-
plevin, 433

Against defaulting collectors and
clerks, and their securites, 451, 452

When issuable to coroner, 516

On bond to prosecute title to
land, 526

Of wills, 536

Against executor or administra-
tor, 557

Against the body, its effect, 570

" " discharge from, 570

Plaintiff" in, to pay debtor's jail
fees, 570

Lots in burying grounds not sub-
ject t; 572

EXECUTIVE power, vested in a
ernor,

Gov-

33

EXECUTORS, death of, not to abate

suit, 44

May bind minors in certain cases, 52

Of bail, may recover, 83
Death of testator to be recorded

by, 87

Rights of, as to tenancies, 104

When to perfect title to land, 109
Security for costs, inactions on the

bonds of, 126

WThen not to pay costs, 127
May sue and be sued to set aside

fraudulent devises, 259
Not liable in execution, unless for

false pleading, &c, 301
May redeem lands sold on execu-
tion, 302
To have notice of existence of

judgment, 307

May enforce judgments, 307

May bid off real estate, _ 308

May be sued before justice, 316
May be parties to suits to enforce

liens, 347
May be sued in probate court,

427, 428

Of securities, how released, 493
Of creditors, compelled to sue

principal debtor, 495
Of sheriff, may execute deed for

him, 519
Debtor not released by becoming, 539
When entitled to letters testamen-
tary, 540
Duty of, on appointment, 540
Forfeiture for refusal, 540
Executor of, not to be executor

of first testator, 541

At what age, person may be, 541

If minor, to have guardian, 541

Power of, before probate of will, 541

Liable for waste, 541

Surviving, may actj 541

Oath of, 541

Bond of, 541, 542

When not required to give bond, 542

GENERAL INDEX.

679

EXECUTORS—

May be proceeded against, 557

Execution against, when issuable, 557

To sell property of estate, 557

Duty of, as to growing crops, 557
May employ clerk and crier at

sale, 557
To return sale bill, 557
Actions against, when brought. 558
When authorised to sell real es-
tate, 558, 562
Application of, to circuit court, 558
Punished for selling unlawfully, 559
May sell on a credit, 559
Not to sell real estate until, 559
Money to be received and applied

by. 559

May sell certificates of entry, 560

Or may patent lands, 560
Of insolvent estate, not subject to

suit, 560

May be forced to sell estate, 560
May be served with notice of

claim, 561
In what order to pay claims, 561, 562

Demands of, how allowed, 561, 562

To make settlement annually, 562

How compelled to pay over, 562
Not to pay legatees without bond

to refund, 563
Remedy against, for not account-
ing, "563
If incompetent, administration

granted, 542

Married women may be, 542

Preference of, in settling estate, 545

May sue for waste, 545
To set apart widow's separate

property, 546

Form of letters testamentary to, 549

Bond of, when put in suit, 551
Administrator of, to give bond,

&c, 551
Removing from State, to vacate of-
fice, 552
If one die, &c, court may ap-
point, 552
Liability on bond, 55.2
Application of certain provisions

to, 552

Not chargeable beyond assets, 552

Acts of, how far valid, 553

When to give new bond, 553

To make inventory of estate, 554
To receive and file appraisement

bill, 555
When to make new inventory, 555
To set off personal estate to wid-
ow, 555
May proceed against persons em-
bezzling effects, 556
How far chargeable with estate, 556
Successors of, may sell estate, 556
N«t to remove property out of the

State, 556
To give notice of settlement of ac-
counts, 556

PAGE.

EXECUTORS—

Mode of adjustment, 556

Actions of trover may survive for

and against, 563

May discharge mortgages, 563

May lease or mortgage real estate, 564
Compensation of, " 564

Failure of, and suit against, 564

Power and obligations of, con-
tinued, 565
When may compound or sell debts,

&c, 595

To give notice of sale of claims,

&c. , 595

To report his acts in selling, &.c,

to probate court, 595

To be charged with avail?, 595

Non-resident may sue in this

State, 596

Non-resident to give bond for

costs, 597

Resident, to have preference of

non-resident, 597

EXEMPLIFICATION of laws by Sec-
retary of State, to be evidence, 233

EXONERETUR, entered in discharge of

bail, 83

EXPENDITURE and receipts of State,

Statement of, to be published, 32
And receipts of counties> report

and record of, 138

Of penitentiary, how paid, 406

Of executing militia law, how

borne, 376

Of distributing laws, journals, &c,

337, 338, 339
Of arresting fugitives, how paid, 261
Of public offices, 238

Of congress under confederation,

how defrayed, 6

Of comparing poll books, how

paid, 220

Of prisoners in jail, how paid,

296, 297
Of negotiating canal loan, how

paid, 601

EX POST FACTO laws forbidden,

14, 20, 38

EXPRESSES, not required to pay toll, 253

EXTORTION, officers guilty of, how

punished, 170

EXTREME CRUELTY, a cause for di-
vorce, 126

EYE, putting out, punishment for, 158

680

GENERAL INDEX.

if.

PAGE.

FACT, and law, jurors to be judges of, ISC
FAILURE of consideration, effect of, 385-6
FALSE IMPRISONMENT, definition

FEES—

Punishment ior,
Indictment for,

159
159

184

FALSE REPRESENTATIONS, and pre- _

tenets, ITS

FALSE SWEARING,

iC6

FALSE RETURNS, Collectors, pun-
ished for making-, 452

FALSIFYING RECORDS, &c, punish-
ment for,

FALSE WEIGHTS AND MEAS-
URES,

FAMILY, may retain certain property
exempt, &c,

FATHER, may bind minor,

Of bastaid, complaint against,
" examination of,
"■ commitment of, to jail,

" to give bond to appear,
Reputed, of bastard, may defend,
Of bastard, bound for its support,
To record birth of child,
Cobrtbitation with daughter, how
punished

i:

ind child by will,

167

179

SCO

52
85
85
85
85
85
86
87

174
238

FEE BILL, retired Sheriff may collect, 515
To be made out, signed, and is-
sued, 249 :
May be replevied, 249 j
If replevied, ^o be presented to

next circuit court, 249 [
May be re-taxed, 249 !
To go out with execution, 250, 418 j
Penalty for iailing to collect, 250 j
Issued by clerk in behalf of pre-
decessor, 251 |
When void, 418

FEE BOOK, to be kept, 249. 418 i

To be public record, 2-19,418 j

Transcript to have effect of exe-
cution. 249, 418

FEES AND SALARIES, Chapter 41, 237 |

FEES, of secretary of State, 239 !

Of auditor, ' 239, 450

Of Si ate treasurer, 239

Of clerk of supreme court, 239 i

Of clerk of circuit court, 240, 453

Of probate justice, 241, 28G, 42i)

Of clerk of county commission-
ers court, 88, 242, 449, 452, 453,
Of attorney general and circuit
attorneys,

Of the successful party at law,

Of sheriffs,
244, 29?, 409, 428, 489, 564,
575, 578,

Of coroners,

Of just.ces of the peace,

Of constables, 247,

Of witnesses, 247, 329,

Of jurors, 247, 31 i, 322,

Of recorders, 248, 305,

Of notaries public,

Of counly surveyors,

For guarding jaii, 248,

Penalty for taking unlawfully,

Not payable until tee bill isissued,

Illegal, may be collected back,

Duty of officer lo collect and re-
turn,

Of clerks, how collected,

Tables of, to be set up in office,

County clerks not to charge, in
ceitain eases,

For taking acknowledgments of
deeds,

Clerks of circuit courts, to collect
for predecessors,

Of clerks of circuit courts, inca-
ses of fugitives from justice,

Of sheriff, &c, in such cases, and
how collected,

Of guardians,

Of arbitrators and others, in arbi-
tration cases, 57,

Of attorneys,

Received by person not a licensed
attorney, refunded,

Of justice, for acknowledgment
or chattel moitgage,

Of masters in chancery,

Of officers of incorporated towns,

Of surveyor, for surveying town
plats,

Of recorder, for recording town
plats,

Of only four witnesses allowed,

Of county commissioners.

Of clerk of circuit court,

In suits in which State is paity,

Unlawful, punishment for exact-
ing,

Of sheriff, for conveying prisoners,

Of commissioners assigning dow-
er, 203,

Of presidential electors,

Of clerks or others, carrying votes
from county to county,

Of messengers sent for election
returns,

Of county clerk, for duties con-
cerning estrays,

Of public printer, for publishing
estray notices,

489

243
243

582
245
246
42K
372
476
60G
248
248
298
249
249
249

249
250
251

251

251

251

263

263

268

24S
73

73

92

98

114

116

116
127
134

147
150

170

210
214

219

220

228

229

GENERAL INDEX.

681

FEES—

Of various persons, growing out of

estray proceedings, 231
Penally for violation of Jaw, res-
pecting estrays, 231
Of witnesses examined on inter-
rogatories, 235
Of jailers, 297
Of witnesses, justice to post up

iist of, 327

Clerks to keep list of, 418
Of collectors or revenue,

442, 449, 452, 453
Of assessors, 452
Of printer, 453
On delinquent list, not pavable un-
til collected by the State, 453
Of road vieweis, 488
Of school commissioners, 511
Of township treasurers, 511
Of county sealers, 533
Of appraisers, 555
Of clerks and criers, at executor's

sale, 557

Of executors and administrators, 564

Of officers of Cook county court, 576
Of officers of Jo Daviess county

court, 578

Of road supervisors, 592

FEE SIMPLE, estates held in, 104

Estates, what deemed, 105

FEE TAIL, estates held in,

1 )4

FELONY, circuit courts may try, 146

Compounding, 169
Indictment for, to be found in

three years. 189
Notice of commission of, to be

given, 190

Conviction of, a cause for divorce, 196

FEMALES, over fifteen years of age,

binding of, 53

Included in provisions of crimi-
nal code, 182

FEME COVERT, rights saved, in cer-
tain cases, ' 104, 208, 447, 449

Kot subject to suit, for suppoit of
poor relations. 402

Dying intestate and without issue,
half her estate to go to her hus-
band. 546

FEME SOLE, marriage of, not to abate

suit by or against, 44

FENCES, punishment for injuries to, 179

.Around common fields, 278
Dividing common fields, how kept

up, " 279
Between neighbors, 280
How repaired, and at whose ex-
pense, 280
Breaking through, by unruly ani-
mals," 281

FENCES—

Erected on land, by mistake,

may be removed, 281

Erected by mistake, &c, not to be

disturbed for one year, 281

Around saltpetre caves, 490

FENCE VIEWERS, to be appointed

yearly, 280

May notify owners of lands to im-
prove fences, 280

[ FERRIES AND TOLL-BRIDGES,

Chapter 42, 251
Licensed by county commission-
ers court, 252
Proprietors to pay tax, 252
Proprietors to give bond, 252
To be kept in repair, 253
Time of attendance on, 253
Who to go free over, 253
Penalty for interfering with rights
respecting, 255

FERRIES, to be licensed by county

courts, 252, 133
Across the Ohio river, rights re-
specting, 254
When license to keep, forfeited, 255
To be taxed, 255
County may purchase, 255
Unlicensed persons not to keep, 255

FERRY BOAT, taking up, when adrift, 230

FERRYMEN, to keep good boats, &c, 252
Not competent jurors, 308

FICTITIOUS, bill, penalty for hav-
ing or passing, 164
Names, not allowed in action of
ejectment, 205

FIELD COMMITTEE, to manage com-
mon fields, 278
Duties of, 278, 279

FIELD NOTES, (See Surveyor.)

FIELD OFFICERS, (See Militia.)

FIERI FACIAS, against drover, for
driving off stock,
• Special writ of, to sell mortgaged
lands,

(See Execution.)

FIGHTING, duels,

In public places,

FIGURES, and letters, may be used in
proceedings against delinquent
lands,

204
305

157
171

446

96

FILING, of replication,

Of deed for record, effect of, _ 108, 109
Of declaration and notice in eject-
Kent, 205

682

GENERAL INDEX.

FINES, and punishments, to be moderate,

14, 26

For passing pretended bank notes, 84

For not inclosing castor beans, 89
For violation of census laws, 90, 91

For violating town ordinances, 113
For refusing to deliver books, &c,

to successor, 131
Collected by justices, payable in-
to county treasury, 134, 177, 344
For violating Sabbath, and dis-
turbing worship, 177
When to be imposed for offences,

and amount of, 182
Payable into county treasury, 182
To be liens on property of con-
vict, 186
Replevy of judgment for, 187
Court may discharge in certain ca-
ses, 187
Of jurors, how collected, 310
For assaults and affrays, 329
Of justices, for failing to make re-
turns, 330
Constables to pay over to county

commissioners' court, 331
For injuring books in State li-
brary, 340
In the militia, imposition and col-
lection of, 365, 366
Scale of, in the militia, 366
Militia, of minors, to be paid by

parents, &c, 370

In independent militia companies, 377
Of officers, making default, 398, 399

For exposing saltpetre caves, 490
Imposed by Cook county court,

how disposed of, 575
Imposed by Jo Daviess county

court, how disposed of, 577

FIRE COMPANIES, Division 5, of

Chapter 25, 124
How formed, 125
Name and style of, 125
To be hody politic and corporate, 125
Fines and forfeitures, how dis-
posed of, 125
Rights, duties, &c, 125
How fines &c, recoverable, 125
Members of, to be exempt from
militia duty, 125

FIRING, woods, prairies, grounds,

179

FIRE PROOF BUILDINGS, for county

offices, 136,573

FIRES, regulations of, in towns,

112

FIREWOOD, for General Assembly and

public offices, 491

FLAT BOAT, adrift, taking up, and

disposition of, 230

FLOWING LANDS, damages for, how

assessed, 379

FOLDING and stitching, to be con-
tracted for, 424, 425

FORCIBLE ENTRY AND DETAIN-
ER, Chapter 43, 256
Unlawful entry or holding over

considered, 256

Justice may hear complaint, 257

Cause may be tried by a jury, 257

Indictment not necessary in, 257

Pleadings and record of proceed-
ings, 257
Verdict and judgment, 257
Appeals allowed, 257
Certificate of register and receiver

may be evidence in, 233

Proof of possession, what consid-
ered as, in actions of, 336
Jurisdiction of justices and con-
stables, extended in, 582

FORD, when considered a public road, 593

FORECLOSURE, (See Mortgages.)

FOREIGN ATTACHMENTS, publi-
cation, in cases of, 66

FOREIGN BILLS OF EXCHANGE,

damages on protest of, 384

FOREIGNERS, abstract of laws of U.

S. for naturalization of, 619

FOREMAN of grand jury, his duties,

oath,&c, 309

FORFEITED LANDS, may be asses-
sed, 450
List of, to be sent to auditor, 447
May be redeemed, 448
If not redeemed, when to be sold, 449
Deed of, to be given by auditor, 450
Remaining, may be sold at any
time, 450

FORFEITURES, for passing unlawful

bank notes, 84

For failing to make proper returns
of census, 90

For refusing proper information to
census commissioners, 91

For fraudulent sale ormortgage of
chattels, 92

For violations of law respecting
town lots, 1 16

For violating law relating to ha-
beas corpus, how collected and
disposed of, 274

For taking unlawful interest, 295

Not affected by repeal &c, 473

FLOUR, inspection of,

287

GENERAL INDEX.

683

FORGERY, by signing name of attor-
ney,
Definition and punishment of,
Of bank bills, promissory notes

&c,
Proof required in trials lor, as to

banks,
Proved by persons of skill,
Seal of State, or public officer,

forging of,
Of records &c.,by officers,

75
163

164

165
165

165
167

FORGED WRITING, not proved by re-
cord of conviction, 181

FORxMER MARRIAGE, a cause of di-
vorce,

FORM, want of, effect of, after judg-
ment, 49
Bail bond not void for want of, 183
Warrant not quashed for want of, 192
Of notice of election, 215
Of writ of attachment in circuit

court, 63
Of writ of possession, in eject-
ment, 208
Of oath to be taken by voters, 217
Of insolvent debtor's oath, 283
Of appeal bond, from justices, 323
Of summons against special bail, 328
Of schedule kept in schools, 507

FORNICATION, punishment of, 173
Proof necessary in prosecution

for, 173

Between relations, 173

Between whites and blacks, 391

FORT MASSAC, armory at, authorized, 607

FORTHCOMING BOND, in attach-

ment, 61, 65
For personal property taken in ex-
ecution, 306

FRAUDS AND PERJURIES, Chap-
ter 44, 258

FRAUD, answer of defendant in chan-
cery, not evidence, 97
At elections, how punished, 222
Trial of fact of, in insolvent cases, 284
By inspectors of tobacco, how

punished, 292
In obtaining negotiable instru-
ment, 386
To invalidate will, 536

FRAUDULENT CONVEYANCES,

Parties to, 178

Of lands, or interest therein void, 258

Devises, of lands by will, &c, 259

FRAUDULENT, sale of mortgaged

property, 92

PAGE.

FRAUDULENT—

And malicious mischief, 179

Agreements for more than one
year considered, unless written, 258

FREE PAPERS, how obtained, 388, 389
(See Negroes, 4c.)

FREEDOM, of speech, secured, 6

Negroes &c, to file certificate, of,

387, 388
389

229

229

479

Suit for, when dismissed,

FREEHOLDERS taking up estrays,

Persons who are not, taking up es-
trays,
Assessment of damages of open-
ing streets &c, by,

FREEMAN, rights, as to imprisonment,
outlawry &c,

FRUIT TREES, penalty for injuring,

38
179

FUEL, for public offices, how paid for, 238
For school houses, how provided, 507

FUGITIVES FROM JUSTICE, Chap-
ter 45, 261
And labor to be delivered up,

5, 15,23,261, 623
Demand for, apprehension and de-
livery of, 261, 262, 623
Messengers to demand, theircom-

pensation, 261
Examination of, 262
May be bailed, 262
Surrender of, 262
When released, 262
Security for costs, 262
How long may be imprisoned, 262
Recognizance of, when forfeited, 262
Governor may offer reward for ar-
rest of, ' 263
Law of United States respecting
delivery of, 623

FUND COMMISSIONER, to notify
Attorney General of delinquen-
cies, 150
Official statement of, to be evi-
dence, 150

FUNDS, Of incorporated towns, how

used, 113, 115

Public, punishment for embez-
zling, 139

In which taxes shall be paid, 438, 443

FUNERAL EXPENSES, to be first

paid, 561

FURNITURE, for public offices, how

paid for, 238

Of General Assembly, how pre-
served, 491
For school houses how provided, 507

684

GENERAL INDEX.

G.

GAMING, Chapter 46. 263
Notes, sales, securities, &c. for,

void, 263
Property lost at, recovered back,

263. 264
Power of towns regulating, 112
Punishment for, 174
House, punishment for maintain-
ing, 174
Betting &c, 174
House, tavern keeper punished for

maintaining, 174
Notes, defence against, not aifec-

ted by their transfer, 264
Discovery compelled by bill in

chancery, 264

GARNISHEES, when to be summon-
ed, 60, 66, 307
Duty of justice when garnishee

process is executed, 60,307

After judgment against defendant,

summons against garnishee, 60
Failing to appear, judgment, 61, 67

Appearance and answer of, 6!

Trial and judgment or discharge, 61

What defence may be made by, 62

Execution against, stay of, 62

Conditional judgment against, 67

Sa. fa. against, 67
Judicial attachment for effects in

his hands, 67

Required to deliver effects, 67

Discharged on such delivery, 67

To answer interrogatories, 67
If answer be not satisfactory, trial

to be had, 67

When costs to be awarded, 68

Execution against, 68

Set off by, " 69
Proceedings against, after return

of execution unsatisfied, 307

GENERAL ASSEMBLY of N. W.

Territory, how constituted, 13
Of Illinois, legislative power ves-
ted in, 30
Sessions of, when held, 32
Governor may convene, 34
"When he may adjourn, 34
Bribing members of, 166
Members of, when to be elected, 215
Contested elections for seats in, 223
Result of contest certified, and re-
turned, 223
Compensation of speakers of each

house of, 238
Compensation of members and of-
ficers, 238
Compensation of members and of-
ficers of, how paid, 238
Journals of, how distributed, 339
Journals and reports of, printing
of, 423

PAGr,.

GENERAL ASSEMBLY—

Secretary of State to report to, 491
Secretary to furnish articles for, 491
(See Members, <§•<;■.,)

GENERAL ELECTIONS, (See Elec-
tions.)

GENERAL ISSUE, plea of, and notice

under, 415

Set off, when proved under, 416

GENERAL TICKET, presidential elec-
tors chosen by, 213

GENERAL OFFICERS, (See Mililia.)

GEOLOGICAL SPECIMENS, collec-

tion of, &c,

492

GIFT, of land for charitable uses, 100, 115
Of property to defraud, 259

GOLD, counterfeiting, 164

Having counterfeit in possession,
with intent, 164

GOOD BEHAVIOR, attorneys to prac-
tice during, 73
Justices may takes security for, 190

GOODS AND CHATTELS, obtained by
larceny, robbery or burglary, to
be restored to the owner, 161

Carrying away by clerk or serv-
ant, 162
Unlawful conversion of, to bailee, 162
Stealing of by lodgers, 163
Forging, with intent to obtain, 163
Fraudulent sale of, 178, 258
Obtaining by false pretences, 178
Stolen, how recovered, 193.
When bound by execution, 301, 326
Last taken in execution, 301
Sale of, on execution, notice tobe

given, 306

Defendant may retain by giving

bond, 306

What species of exempt from exe-

ecution, 356, 329, 286, 331

Limitation of actions for taking

away, 348

Unlawfully distrained, may be re-
plevied, 433

GOVERNOR, of N. W. Territory, his

powers and duties, 12

To be commander-in-chief of mi-
litia, 12
And Genera] Assembly of N. W.

Territory, powers of, 13

Of Illinois, his salary, 32, 237

Executive power, vested in, 33

Time and manner of election of, 33, 215
His duties, powers and salary, 33

May fill vacancies in certain case3, 33
May convene General Assembly, 34

GENERAL INDEX.

685

COVERNQR—

To be commander-in-chief of mi-
litia, 34. 357
When he may adjourn General As-

sembly, 34
May, with advice, &c, of Senate,

appoint certain oificers, 35

Tonise private seal, <Scc, 39
To commission Attorney General

and circuit attorneys, 75
To require additional bond of At-
torney General and State's At-
torneys, 76
To approve bond of Auditor and

Treasurer, 77
May require additional bond of

Auditor and Treasurer, 78
May bring suit on bond of Audi-
tor and Treasure)-, 78
May recover, but not pay costs, 128
To approve bond of clerk of Su-
preme court, 144
■Of each State, entitled to a copy

of reports of Supreme court, 145
May appoint justices of the Su-
preme court, 146
Official statement of, to be evi-
dence, 150
May prolong sentence of death, 181
To attend canvass of votes, 214, 220
To give certificates of election to

members of congress, 220
Vacancy in office of, how filled, 221
To approve accounts of public of-
fice is, 238
To deliver up fugitives, 261
To allow compensation to messen-
gers to arrest fugitives, 261
May oifer reward tor fugitives, 263
To commission justices, 314
To transmit laws to other States, 338
Entitled to copy of laws, 3'iS
To supply militia with arms, 364
To take bonds of notaries, 392
To reside at Seat of Government, 394
And Senate, to appoint inspectors

of the penitentiary, 405

To take bond of public printer, 422

To take bond of pubhc binder, 425

To commission recorders, 431

To sign patents, 501

To commission sheriffs, 514
When to order new election of

sheriff, 516

To commission surveyors, 523
To Appoint commissioners to take

depositions in other States, 580

To pay interest on State debt, 600
To make deed of trust to canal

property. 600

To negotiate loan, 608, 613, 614

To receive distribution fund, 6 16

GOVERNMENT, expenses of, how de-
frayed under confederation, 6
Objects of, 37
Seat of, 40,144,490

GOVERNMENT—

Lands, contracts for, valid, 336

claims to, how settled, 336

GRAIN, punishment for burning, 178

GRAND CHILDREN, when to support

poor, 402

Share of, in estate, 546

GRAND JURY, dutv to see criminal

law eniorced, 174
How selected and sum-
moned, 308, 309, 310
Not to indict without a pros-
ecutor, 1S4
May indict on information of pub-
lic officer, 184
Examination of witnesses by, 186
Finding of bill by, 186
Sixteen to agree, 186
Foreman to swear witnesses, 186, 309
To examine jail, 297
To have list of road supervisors, 489

GRAND LARCENY, defined and pun-
ished, 161

GRAND PARENTS, when to support

poor, 402

GRANT, of canal property, 610

GRANT, bargain and sell, construction of

term,

105

GRANTEE, of disputed estate, rights of, 103
Of lands sold on execution may

redeem, 302

GRANTOR, hand writing of, proof of, ] 10
Reversion of estates of religious
societies to, 121

GRANTS, of land for charitable

uses, 100, 115, 1!S

Not to be over ten acres, 100

To be made to county commis-
sioners'court, and recorded, 100,132
Of county lands, 108

GRAVES, robbing of, punishment for, 176

GREAT SEAL, Secretary to keep, 491

GRIST MILLS, (SeeiJMs.)

GROCERIES, trustees of towns may

license, 342

Penalties for selling liquor without
license to keep, 3 12

Keepers of, restrained from collec-
ting claims for liquor, 343

Disorders in, license forfeited for, 343

Keepers of, punished for harboring,
minors, &c, 343

686

GENERAL INDEX.

GROCERIES—

Keepers of, penalty for selling
liquor to certain persons,

Persons not having license, not to
sell liquors,

Who may license, and in what
cases,

"What considered,

GROWING CROPS, seizure of, fox
rent,
Preservation and sale of,

GUARDIAN AND WARD,

Chapter 47,

GUARDIAN, of minor may bind,

Of bastard, to receive money for
support,

To pay line for ward,

May prosecute for, 93, 109,

Ad litem, when appoin-
ted, 99, 201, 260,

Ad litem, compensation of,

Security for costs, in actions on
their bonds,

Not to pay costs in certain cases,

Appointment of, by probate court,

When father may be,

When appointed during father's
life,

To give bond, 265,

May be compelled to render ac-
counts, 266,

May be required to give addition-
security,

May be removed,

Executors, &c. of, required to de-
liver up papers, &c.

Power of, over effects of ward,

May lease real estate of,

To educate ward, 266,

When may sell real estate,

May loan money of ward,

Fees of,

Appointed by will, powers and
duties of.

Appointed for lunatics, idiots, &c.

May mortgage or lease real estate

343

174

342
342

335
557

265

52

86

91

265

559
99

126

260
265
265

265
266

267

266
266

266
266
266
267
267
267
268

268
276
564

GUARDING Jail,

248, 298

GUARDS, of penitentiary, appointment

and duties of, 406

GUILTY, proceedings on plea of,

185

GUNPOWDER, carrying of, on steam-
boats, 522, 523

II.

HABEAS CORPUS, Chaptkh 48,
Right of, secure)',

269
41

HABEAS CORPUS—

Not to be suspended, except in
certain cases, 20, 38

Attorney general, &c, to attend
examinations, 76

Writs of, who may issue, 99, 146

Prisoner not released on, for infor-
mality of warrant,

Hearing of witnesses in trials of,

Writs of, how obtained, and for
what causes.

Writ of. service of,

Writ of, how obeyed,

Hearing, on return of,

For what causes prisoner may be
released,

On hearing of, judgment of a court
not to be impeached, &,c,

Bail on hearing of,

Witnesses to be recognized to ap-
pear,

Second writ of, when granted,

Proceedings on second writ.

Party discharged, when to be again
imprisoned,

Prisoner not removed by, so as to
delay trial,

The proper means of removing
prisoners.

Penalty for disobeying writ of,

Penalty for evading writ of,

Penalty for making second arrest,

Fines, how, and to whose use col-
lected,

Writ of, to bring up witnesses,

Writ of, to bring out prisoner, to
discharge bail,

To issue writ of, to bring prison-
er to court,

192
193

269

269

269, 270

270

270

271

271

271
271
271

271

272

272
273
273

273

274
274

274

298

HABITATIONS, (See Dwelling Houses.)

HABITUAL DRUNKENNESS, a cause

for divorce, 196

HALF BLOOD, marriage between rela-
tions of, 173

HALF BUSHEL, (See Weights, £c.)

HAND- WRITING, of grantor, proof of, 110
Proof of, before justice, 110

Party not to deny, except on oath, 319

HANGING, punishment of death inflic-
ted by, 181

HARBORING, negro or mulatto ser-
vant, 179, 3-13, 387
Minors, apprentices, 180, 343

HARD LABOR, court to fix term of, in

criminal cases, 182

HAWKERS, and pedlers, to obtain li-
cense and pay tax,

43:

GENERAL INDEX.

687

HAY, corn, wheat, oats, etc., punish-
ment for burning-, 179

HEAD of family, what property to

keep exempt, &c, 306

HEALTH, affected by flowing lands, 379

HEAPED MEASURE, defined, 532

HEARING, by auditors, in actions of

account, 46

Of cause in chancery, 96

On bill and answer only, £6

HEIR AT LAW, duty of, to assign

dower, 200

May recover for waste committed, 202
Selling lands of ancestor, to be li-
able for his d< bts, £60
Suits against, for ancestor's debts,
how conducted, 260

HEIRS, of aliens, rights of, 47, 48

Of bail, who has paid debt of
principal, may recover, 83

Minor, prosecuting for enforce-
ment of land contracts, to have
guardian. 109

May petition to have assignment
of dower, 202

Not liable in execution, unless for
false pleading, 301

May redeem lands sold on execu-
tion, 302

Of securities, how released, 493

Or creditors, compelled to sue
principal debtor, 493

Cited to attend proof of nuncupa-
tive will, " 539

To have guardians, ad litem, 559

Advances to, when brought into
hotchpot, 546, 547, 563

HEMP, insoection of,
HIGHWAYS, (See Roads.)

287

HIRING of negroes, not having certifi-
cate, penalty for, 387
Of vagrants, 176

HOGSHEAD, of tobacco, weight of, 288

HOLDING OVER, considered forcible

detainer, 253

HOMESTEAD, right of widow as to, 202

HOMICIDE justifiable, definition of, 156

Excusable, 157

HORSES, Chapter 49, 27 I
Punishment for malicious injury to, 179
Running at large, mav be taken

up, ' 271

Wh< u may be castrated, 275

HORSES—

Owner of, liable for expenses of
taking up, &c, 275

AVhen diseased, not to be kept with
others, 275

Exposure of, in villages, towns,
&c., 276

Attached to carriages, to be secured, 4S0

Punishment for stealing of, 574

HOTCHPOT, when estate brought into,

546, 549, 563

HOUSEHOLDERS, to appraise water-
craft taken up, 280
To assess damages by unruly ani-
mals, 281
To assess damrges for right of
way, 477, 478

HOUSE OF REPRESENTATIVES,

Of Illinois, and Senate, legislative

authority vested in, 30

Members of, how elected, 30

To choose its speaker and other

officers, 31

To judge qualifications of mem-
bers, 31
Revenue bills to originate in, 33
Compensation of officers of, 238
(See General Assembly.)

HOUSE OF REPRESENTATIVES, of

U. S., members of, how chosen, 17
Qualifications of members of, 17

HOUSES of ill fame, punishment for

keeping, 174

HOUSES OF WORSHIP, grants of land

for building, 100

HUNDRED WEIGHT, standard of, 532

HUSBAND, a party to suit commenced

by or against wife while/eme soley 44

When punished for offence com-
mitted by wife, 152

On divorce for his fault, to lose his
right to be tenant by the curtesy, 199

No act, default, or crime of, to af-
fect rights of his wife, 200

Liable for waste, 545

To have one half of wife's estate
in certain cases, 546

May administer on estate of wife, 547

T.

IDIOTS AND LUNATICS, Chaptkb

50. 276

To have guardian appointed, 276

Guardian of, to give bond, 276

688

GENERAL INDEX.

IDIOTS AND LUNATICS—

Not accountable for crime,
Power and duty of guardian, or

conservator,
Estate to be in charge of guardian,
Estate to be inventoried,
Proceeds of estate, how applied,
Powers, of overseers of poor, res-
pecting,
When restored to reason, to have

property again,
Contracts^ &c, made by, void,
Cheating of, deemed swindling.
Not affected by statute of limita-
tions,

152

276
-76
276

277

277

277
277

350

IDLERS, and vagrants, 175

ILLEGAL FEES, to be refunded by

zierk

149

ILLEGITIMATE, child, mother of, may

bind, 52

Forbidden to marry within certain
degrees, 173

Child, legitimated by marriage, 86, 5 17

Children not rendered so by di-
vorce, 196

May inherit estate of the mother, 547

ILLINOIS, State of, how bounded,
Admission of,

15

ILLINOIS AND MICHIGAN CANAL,

Right of way for, 477

Completion of, 601, 608, 612

Jurisdiction of county courts re

specting,
Regulations concerning use of,
Debts of, how paid,
In what order paid,
Expenses of negotiation concern

133
612
612
601

ing,

301

Lands, certificates of purchase of,

how assigned, 108,109

" not to be sold for taxes, 450

'•' forfeited for non-payment

of taxes, 450

" assessment and sale of
rights ofpurchasers in, for
taxes, 590, 611

rt lien of tax on, how far to

bind, 590

ce interest of purchaser at tax

sale, to be sold, 590

" redemption of, 590

ee when patented to tax pur-
chaser, 590
'* to be redeemed in gold and

silver, 591

" act for protection of a-

gainst trespasses, 6C2

'•' agents for, to be appointed, 602
" penalty for cutting trees on, GC2
'' for receiving tree.-:, &c,

stolen from, 602

ILLINOIS AND MICHIGAN CANAL—
Lands, duty of commissioners, as

to sale of, 604

'•' and lots donated to religious

societies, 604

" and lots pledged for com-
pletion of, 608
Funds, punishment for embezzling, 161
Bonds, preference and payment of, 601
Loan to be made, 608
Lands, lots, &,c, to be pledged, 608
Holders of bonds, first entitled to

subscribe, COS

Holders of other indebtedness may

subscribe, 608

Trustees of, to be appointed, 601, 609
Election of trustees of, 609

Deed of trust of propeity of, 600, 610
Duties of trustees of, 609

Indebtedness to be registered, 601, 6'J9
General grant of property of, 609

Reservations, 609

Subscriptions, bow made, 609

Trustees to issue certificates of

payment, 611

Subscriptions, how re-payable, 6J1
Trustees to take possession of

property, 611

Sale of canal property, hmv made, (ill
Priority of occupation of canal

property, 611

Location of, not to be changed, 6] 1
Time and manner of completion

of, 601,612

Account of expenses of, to be

kept, 612

Trustees ma}' fix tolls on, 612

May make regulations for govern-
ment of, 612
May make dividends after com-
pletion of, 612
In what order debts to be paid, 612
Appraisal of damages suffered by

contractors, fcc, 612,613

Basis of settlement with contrac-
tors on, 613
Appraisal of damages on, 613
Appeals from appraisement, 6J3
And properly when to revert to

the State, 6!3

Pledge of State respecting, 613

Governor authorized to negotiate, 613
Trustees to employ engineers on, 614
Duties of engineer, 614

i[' not completed, property of,
how disposed of, 601

IMMATERIAL TRAVERSI
tions to,

excep-

^0

IMPEACHMENTS, bv whom tried, 18, 32
Effect of judgment, in trial of, ; 18, ,32
Who may administer oaths in tri-
als of,' 616

IMPERFECT DEED, notice to pur-
chasers, 109

GENERAL INDEX.

689

IMPOTENCY, a cause for divorce,
IMPORTATION of slaves,

196

IMPRISONED PERSONS, not conclu-
ded by judgment in ejectment, 209

IMPRISONMENT, of members of gen-
eral assembl)r, 32
By authorities of towns, 114
Of county clerks, for refusing to
deliver books, &c, to succes-
sor, 131
Manslaughter punished by, 156
For petit larceny, 161
' In penitentiary, jury to fix term

of, 182
For debt, forbidden, 38, 570
False, defined, and how punished, 159
For fines and costs forbidden, af-
ter replevy of judgment, 187
In cases of assaults and afi'rays, 329
Limitations of, actions for, 349
Of witnesses by probate justice, 537
For debt, act regulating, 570
Defendant when discharged from, 570

IMPROVEMENTS, embezzling funds

for, 161

Made on lands, in controversy, 210
On lands, value of, to be assessed

after eviction, 211

Proceedings on assessment of, 211
On government lands, contracts

for, valid, 336
On public lands, contract for sale

of, 617

INCEST, punishment of,

173

INCIDENTAL EXPENSES, of public

offices, 238

INCLOSURES AND FENCES, Chap-
ter 51, 277
Around common fields, 278
How kept up, 278,279
Committees to regulate, 279
Pentlties for injuries to, 279
Penalties for neglecting duties re-
specting, 89, 279
Cost of making partition fences,

how paid, 280

Owner may make on his own land,

separate from his neighbor*, 280

Damages, when unruly animals
break through, 281

INCORPORATED TOWNS,
(See Towns.)

Ill

INCORPORATIONS, existence of, how

proved, in trials for forgery, 165

(See Corporations.)

INCUMBRANCE, removal of, after

sale, to perfect title, 104

44

PAGE.

INCUMBRANCE—

Validity of, may be contested in
suit to enforce lien, 347

INDEBITATUS ASSUMPSIT, justices

have jurisdiction in actions of, 31(i

INDECENCY, punishment of, 174

INDENTURES, execution and provis-
ions of, 53
Copy to be filed in probate court, 53
When void, 53

INDEPENDENT COMPANIES, (See

Militia.) 359

INDIANA, how bounded by ordinance
of 1787,

INDEPENDENCE, declaration of, l

INDEX, to record of births and deaths,

to be kept, 88

To laws, 423

To county records, 432

INDIANS, Congress to regulate trade

with, 8, 14
Not to be witnesses, 154
Who deemed, 154
Selling liquor to, 175, 343
Not permitted to give testimony, 237
Penalty for trading with, 342
May purchase none but Indi-
ans, 390

INDICTMENT, necessary before party

is bound to answer for crime, 25, 38
Of persons passing pretended bank

notes, 84

Of census commissioner, 90

Of public officers for embezzling

money, 140

For participation in duel, what

facts to aver, 15&

For perjury, what averments to

contain, 166

Commencement, form of, 181

Sufficient, if plain, &c, 181

Exceptions to, 181

Not quashed for want of certain

words, 181

Name of prosecutor to be indors-
ed on, 184
Prisoner to have copy of, 185
In what manner found, 186
For felonies, to be found within

three years, 189

Of judge of election, for not receiv-
ing legal vote, 222
Of county commissioners' clerk,
for violating duly respecting
elections, 222
Not necessary in forcible entry

and detainer, 257

Bills of, how found, 309

690

GENERAL INDEX.

INDICTMENT—

Not affected by Chapter 5,
For embezzlement,

PAGE.

51
398

IN PERPETUAM, deposition in,

INDORSEE, (See Negotiable Instru-
ments. )

INDORSEMENT, of county orders,

Certificate of safe of land on exe-
cution assignable by,
Of negotiable instruments, effect
of,

INDORSER of negotiable instrument,
rights and liabilities of,

INFAMOUS, what crime shall render
perpetrator,
Crime, conviction of, a cause for
divorce,

INFANT, may sue in chancery by guar-
dian,

141
303
385

385

182
196

93

Guardian ad litem appointed for, 99,559
Under ten not to be convicted of

crime,
ights of, saved,

152

447, 449

(See Minors.)

INFLUENCING, by bribes, 166, 167

INFORMATIONS, against census com

rmssioners,
In nature of 5110 warranto,

90
429

11

105

INFORMER, against census commis-
sioner, reward of, 90

Against frauds in sales of mort-
gaged chattels, 92

May be witness, 344

INHERITANCE, of estates in north-
west territory,
Estates of, how created,

INHUMAN TREATMENT, of pris-
oners by jailer,

INJUNCTIONS, bills for, when filed,

Masters in chancery may grant

writs of,
Circuit courts and judges may is-
sue wrhs of,
In behalf of the State,
Supreme court may issue,
In what cases issuable,
Proceedings on,
Effect of,

Penalty for disobeying.
Damages on dissolution of,

INJURIES, to animals and property,
To Cumberland road.

INJURY, inflicted in one county, pun-
ishable in another,
To jails, punishment for.

167

93

99

146
150
3*2
382
382
382
3^3
383

179
194

156

179

PAGE.

235

INQUESTS, fees of jury attending, 311

When to be held over the dead, 517, 518

INQUIRY, writ of, in cases of bastardy, 85
Writ of, to try value of improve-
ments on contested lands, 210

INNOCENT PERSON, death of, caused

by perjury, 166

INSANE PERSON, guardian ad litem

appointed for, 9'.'

Rights to real estate saved, 105, 208
Not punishable, 152

Becoming so, after commission of

offence, 153

Not concluded by judgment in

ejectment, 209

Not affected by statute of limita-
tions, 350
Who included in term of, 472

INSOLVENCY of estate, to be entered

in probate court, 560

INSOLVENT DEBTORS, Chapter 52,

Refusing to surrender property,

how proceeded against,
Affidavit of the fact to be filed,

Ca. sa. to be issued against the
body, &c,

To be taken before probate jus-
tice,

On arrest, may go before probate
justice,

To schedule effects,

To take oath, form of,

Creditor may contest right of to
discharge,

To give security, in case of con-
tinuance,

To assign effects,

On producing receipt of assignee,
may be discharged,

May appeal, on giving security,

When charged with fraud,

May have trial as to refusal to sur-
render,

Property of, how disposed of, by
assignee,

Creditors of, paid pro rata,

May retain certain property,

Assignees of, their fees,

If probate justice becomes, who
to act,

Punishment of, for false swearing,

Certificate of discharge to be giv-
en to,

Effect of discharge,

Act for the relief and discharge of,

282

282
282

282

282
283
283

233

283
283

283

284
284

2*5

285
285
286

286
286

286
286
570

INSPECTIONS, Chapter 53, 286

Warehouses to be kept for, 287, 288
Miscellaneous provisions respect-
ing, 288 to 29»

GENERAL INDEX.

691

INSPECTORS, duties of, 287 to 294

To be sworn and to give bond, 287, 288

How punished for misconduct, 292

Exemptfrom militia and jury duty, 293
Of the penitentiarv, appointment

of, 405
Salary and duties of, 406, 583

To be sworn, and give bond, 407
Not to be interested in contracts,

&c, 407

May be removed by the governor, 408
Of penitentiary, repeal of laws

relating to, 584

INSTRUMENT, for commission of

crime, 176

INSTRUCTION, right of, declared, 39

In academies, to be free to all sects, 1 19

INSUFFICIENT ANSWER, effect of

making, 96

INSUFFICIENT COUNTS, costs on, 127

INSURANCE COMPANIES, agents

of, required to procure license, 344

Penalty for failure to pay, 344

INTEMPERATE person, forfeits claims

. to support, 402

INTENDED WIFE, conveyance for

use of, in lieu of dower, 199

INSURRECTIONS, Congress may pro-
vide for suppression of,

19

INTENT, to be shown, 152, 155

Assault, with, &c, 159, 176

To commit, theft, arson, &c, 160, 161
Altering marks and brands, with, 161

INTEREST FUND, how created and

used, 600

To be collected in gold and silver, 600
To be preserved, to pay interest on

State debt, 600

Punishment for embezzling, 600

INTEREST, Chapter 54, 294
To be six percent., 294
Same on judgments, 294,301
Unlawful, forfeiture for taking, 295
On school fund, how fixed, 295
Ten per cent., payable on redemp-
tion of lands, 302
• On justices' judgments, 319
On school fund, how to be paid, 452
On school moneys loaned, 501, 506
« « « " in case

of default, 502
Chapter respecting, when to go

into effect, 585

INTEREST—

On State debt, act to provide for

Paying, 599

On canal bonds, how provided for, 601
On internal improvement fund,
loaned, 605

INTERESTED person, may revive suit

on death of original party, 98

INTEREST of judge in suit, change of

venue, 148

INTERLOCUTORY decree, when to be

entered, 95

INTERMARRIAGE of parents of bas-
tard, to legitimate, 86, 547

INTERNAL IMPROVEMENT FUND,

Loaned by counties, mav be col-
lected, 605
Bonds for, may be renewed, 605
Interest on, " 605
Application of, when collected, 605

INTERPLEADER, new parties in par-
tition, made by, 400

INTERPRETERS, may be sworn when

necessary, 417

INTERROGATORIES, plaintiff in at-
tachment may file, 67
To be fully answered 96
Contained in cross bill, 96
Answer thereto, 96
Copy of, to be given, with notice
to take depositions, 233
(See Depositions, Evidence.')

INTRUDING, into office, punished, 169, 429

INVASION, Congress may provide for

repelling, 19

INVENTORY, of estates of idiots, &c,

to be filed, 276

Of estates of deceased persons, 554

" " used in evidence, 555

Of newly discovered estate, 555

IRREGULARITY, costs on, dismissal

of suit for, 127

ISSUE, in chancery cause, 96

In chancery, may be tried by jury,

97, 201
(See Practice, Pleadings, Suits.)

J.

JAILS AND JAILERS, Chapter 55, 296

JAILER, not to practice as attorney,
Bribing of,

73
166

692

GENERAL INDEX.

JAILER—

Punished for inhuman treatment

of prisoner, 167

Exempt from militia duty, 372

Refusing to arrest or receive pris-
oner, 169
Duty of, on change of venue, 528
To give prisoner copy of mittimus, 193
Duty of, to receive persons com-
mitted by proper authority, 218,296
Not to confine debtors and crimi-
nals together, 296
To receive prisoners of United

States, 297

To receive prisoners brought from

other counties, 298

To bring prisoner to court, &c. 298

Penalty for disobeying writ of

habeas corpus, 298

When to discharge debtor, 570

JAIL, commitment of debtor to, 82

Petit larceny punished by confine-
ment in, 161
Punishment for injuring, 179
County commissioners' court to

erect, 134

Court may order prisoner to, until

fine and costs are paid, 182

Commitment of ir.dicted persons

to, 184

Of other counties may be used by

sheriff, 184, 192

Fees for guarding, 248, 298

T > be kept in each county, 296

Sheriff to have charge of, 296

Prisoner in, expenses of commit-
ment and support, 296, 297
Grand jury to visit, 297
Spirituous liquors, not to be used

in, 297

When sheriff may employ guards, 298
Of another countv, when to be

used, 298

Sheriff may be imprisoned in, 299

Coroner to have custody of, when
sheriff is confined, 299

JEOFAILS, (See Amendments and Jeofails.}

JOINT ACTIONS, in ejectment, 205, 206, 207
Generally, 233, 318

(See Actions, Parties, Suits.*)

JOINT BALLOT, Auditor and Treasu-
rer elected by, 40, 47
Attorney General, &c. elected by, 40,75
In elections by General Asssem-
bly, 224

JOINT DEBTORS, ne exeat may issue

for, 381

Attachments against, 62, 64, 70

Service of summons on, 318

PAGE.

JOINT OBLIGATIONS, considered,

joint and several, 299

As to official bonds, 399

JOINT PLEAS in ejectment, effect of, 207

JOINT RIGHTS AND OBLIGATIONS,

Chapter 56, 299

JOINT RIGHTS, of plaintiffs in eject-
ment, 205
Of heirs of joint tenants, 299
Of tenants in common, in case of
injury to lands, 299

JOINT SECURITIES, writ of ne exeat

may detain, 381

JOINT STOCK COMPANIES, passing

notes of, 84

JOINT TENANCY, estates in, defined, 103

JOINT TENANTS required to account, 45
Actions of account, by and a-

gainst, 46
Actions of ejectment by -or a-

gainst, proceedings in, 207

Disposition of estate of, 299

JOINTURE in lieu of dower, 199

Lost on divorce, for fault of wife, 199

JOURNALS of proceedings,each house
of Congress to keep and pub-
lish, 18
Each house of General Assembly

to keep and publish, 31

Yeas and nays to be entered on, 31
Protest of members to be entered

on, 31

How distributed, 339

How to be kept, 422
Copies of, to be furnished public

printer, 422

To be filed in Secretary's office, 422

Time allowed for printing of, 423

Number of, to be printed, 423

Binding of, 425

JUDGE ADVOCATE, (See Militia.)

JUDGE OF COOK COUNTY COURT,

Appointment and compensation

of, 574, 576

Powers and duties of, 575, 576
To perform duties in Jo Daviess

county court, 578

JUDGES, of court in N. W. Terntorv, 12

Of United States' courts, 22

JUDGES OF CIRCUIT COURTS, ar-
rest and privilege of, 73
Not to practice as attorneys, 73
Punishment for bribing of, 166

GENERAL INDEX.

693

JUDGES OF CIRCUIT COURTS—

To make chancery rules, 95

To charge grand jury as to viola-
tions of census law, 90
To hold circuit courts, 35
To reside in their circuits, 146
May appoint special terms, 148
May certify questions of law to

Supreme court, 145

May allow writs of injunction,
ne exeat, &c, 146, 193, 269, 381, 382,
325, 188, 351
May issue writ to bring out pris-
oner for trial, 298
May appoint masters in chan-
cery, 99
May fill each others' places in

case of inability, &c. 143

May hear complaints for breaches

of the peace, 190

May issue writs of mandamus, 351
Salaries of, 36, 146,238,584

To examine clerk's office, 147

May iuterchane circuits, 147

If interested, may send cause to

another circuit, 148

To be conservators of the peace, 190
May issue warrants for offenders, 190
May examine, bail, or commit, 191
May issue search warrants, 192

May issue writs of haheas corpus, 269
May try questions of idiotcy, lu-
nacy, &c. 276
Not to serve as jurors, 308
Duty of, respecting unlawful as-
semblies, &c. 390
Punished for extortion, &c. 170
Duty of, to prevent breaches of

the peace, 172

To report defects in criminal

code, 181

Duty of, to sign bills of excep-
tions," 188
Trving writs of habeas corpus,

duty of, 193

May take testimony of non-resi-
dents, 234
May issue warrant for fugitive

from justice, 262

Refusing to issue, or wrongfully

issuing, writ of habeas corpus, 273
May issue writs of certiorari, 325

May celebrate marriages, 353

To examine official bonds at each

term, ■ 396

May require new bonds, 396

May stay proceedings until term, 420
May issue warrant to seize rec-
ords, &c. unlawfully established, 432
May try right to records, &c. 432

If interested, venue may be chang-
ed, 527
Duty of, on applications for

change of venue, 528

Duty of, on ordering change of

venue, 529

To fill vacancy in office of master
in chancery, 571

JUDGES OF ELECTIONS, to be ap-
pointed, 215
Vacancy in office of,how filled, 215,216
Their duties, 216, 217
May punish disorderly persons, 21K
To return sealed poll books, 219
Compensation of, 220
How punished for misconduct, 221,222
May refuse vote, if satisfied of

false swearing, 222

To hold special elections, 314

JUDICIAL ATTACHMENT, when is-
suable, 67

JUDICIAL CIRCUITS, Slate divided

into, 151

Courts in, when held, 520

One circuit attorney in each, 75

JUDICIAL POWER, of United States,

where lodged, 22, 26

Of State, in what courts vested, 35

Of probate justices, 427

JUDICIAL PROCEEDINGS, of other

States, how authenticated, 23, 624

JUDICIAL SEAL, county courts to

procure,

133

JUDGMENT creditor, may redeem

lands sold on execution, 302, 301)

JUDGMENTS AND EXECUTIONS,

Chai>ter 57, 300

JUDGMENTS, effect of, in trials of im-
peachment, IS, 32
When not affected by misprision,

&c, 49
On demurrer, 50
On arbitration bond, 56
In attachment cases, 60, 66
Against garnishee, 61
Against garnishee, effect of, 61, 66
By default, 68, 41?>
Against sheriff, on insufficient bail, 81
By heirs, &c, of bail against de-
linquent principal, 83
For costs in certain cases, 127
Costs on reversal of, 12b
Agiinst counties, how paid, 133
In cases appealed from county

court, 135
Confession of, by personating ano-
ther, 167
Motions for, 181
For costs against malicious prose-
cutor, 185
On plea of "guilty," 185
For costs in criminal cases, 186
To be lien on real and personal

property of convict, 186
For fine and costs may be replev-
ied, li'

694

GENERAL INDEX.

JUDGMENTS—

Against husband, not to affect

rights of wife, 200

In favor of widow for dower, 201

Against drover, for driving off

stock, 203

For default in ejectment, 206

In ejectment, 208

" its effects upon titles, 208

" may be vacated and new

trial granted, 208

'•' when may be set aside, 208
u when conclusive on all

parties, 208

u for rents and profits, 209

" for mesne profits , 210

Entry of, in contested elections, 224

In favor of State for escheated

lands, 225, 226

Of justices of the peace, when used

in evidence, 232

In forcible entry and detainer, 257

Fraudulent, confessed to delay

creditors, void, 258

Of a court, not to be called in ques-
tion on hearing of habeas cor-
pus, 271
In trials of appeals in insolvent ca-
ses, 284
Interest on, to be six per cent., 294
What property subject to execu-
tion on, 390
When to operate as a lien, 300
Lien of, not discharged by death

of defendant, 301

Lien on lands held by certificate of

purchase from U. S., 301

Interest to be collected on, 301

On sci. fa. against mortgaged

land, 305

Against deceased person, notice

of, to be given, &c, 307

Lien of, not affected by death of

plaintiff, 307

To be enforced by executors, &c,

307, 208
Against defaulting defendant, by

justice. 318

Against joint defendants, 318

On trial by justice, 319

On awards of arbitrators, 321

Of justices, appeal from, 323

Transcript to be filed, 323, 324

Eexeculiin on, in appealed cases, £25
Reversal of, on writ of certiorari, 326
Against special bail. 328

On trial, for assaults, &C, 329

In circuit court on appeals in case

of assault, 330

By confession, for assaults, &c,

before justices, 330

On official bonds of justices and

constables, 332

Against tenant for not paying rent, 334
To enforce lien, no bar to action

at law, 348

Revival of, by sci. fa., 349

PAGE.

JUDGMENTS—

Suit brought on in sixteen years, 349

On trial of writ of mandamus, 351
Against Auditor, not to bind him

personally, 394
Not to bind State until submitted

to General Assembly, 395

Against State, how paid, 395
On official bond, may be against

any or all, &c, 399
On official bonds, lien and opera-
tion of, 399
In applications for partitions, 40!
Against non-resident defendants, 413
Parties made to, by sci. fa., 414
On penal bonds, 416
Arrest of, 417
By default, on petition and sum-
mons, 418
To include costs, 418
Docket to be kept, 419
Of circuit court, appeals from, 420
Must be final, or appeal not al-
lowed, 420
Copy of, to be filed in supreme

court on appeals, 420
Supreme court may render in ap-
peals, &c, 420
Of supreme court, on partial re-
versal, 421
Below, affirmed, by equal divis-
ion, 421
On writs of quo warranto, 430
In replevin, nature of, 434
Against delinquent lands, 444, 445
Against defaulting clerks and col-
lectors, 451
Not affected by repeal, 473
In trials of right of property,

475, 476
Against principal in bond, &.c,

493, 494

Against security, 494

Against defaulting sheriff, 517, 519
By confession in Cook county

court, 575
By confession, in Jo Daviess coun-
ty court, 577

JUGGLERS, not to exhibit without li-
cense, 520

JURISDICTION, of U. S. courts, in

what cases, 22

Of circuit court, of cases of bas-
tardy, 85
Of circuit court, 93, 146
Of counties bordering on Missis-
sippi and Wabash rivers, 133
Of county courts, 133, 134
Of Supreme court, 143, 144
Of circait court of Sangamon

county, 149, 150

Of justices of the peace, of cer-
tain cases, 177, 593
Of circuit court, in matters of di-
vorce and alimony, 196

GENERAL INDEX.

695

PAGE.

JURISDICTION—

Of justice in foicible entry and

detainer, 257, 582

Of justices and constables, 314, 315

Of probate justices, 426, 427

Of Cook county court, 574

Of Jo Daviess county court, 576

JURORS, Chapter 58, 308
Citizens may be, in suits for, or

against county, 132
Punishment for improperly influ-
encing, 170
Punishment of, for yielding to im-
proper influences, 170
Whai criminals incapable of be-
ing, 182
Talesmen, when called, 184, 330
Who qualified to be, 308
How selected and summoned,

308, 309, 310, 311

Punished for failure to attend, 310

List of to be furnished prisoner, 185
Challenging of, 149, 184, 185, 301, 416
Fees of, 247, 311,321

Not required to pay tolls, 253

Discharge of, for sickness &c, 311

Chosen to supply vacancies, 311

To be summoned for special terms, 311

To serve in rotation, 31 1

Disqualifications of, 322

Punished for non-attendance, 322
Number of, in trying rights of

property, 476
Selection of, for Cook county

court, 576

Selection of, in Jo Daviess county , 578

JURY, trial by, secured, 14, 38, 114

All trials of crimes in U. S. courts

to be by, 22
Right of trial preserved, in civil

cases, if value exceed $20, 321
To try truth of answers of garni-
shees, 67
To try right of property, 68, 474, 475
To try issue in bastardy, 85
Issue in chancery may be tried by, 97
Summoned for special terms, 148, 149
When filled from bystanders, 149
Credibility of witnesses in crim-
inal cases, left to, 154
In trying questions of vagrancy, 175
To fix term of imprisonment, 182
How made up, in criminal cases, 184
Dp. meditate linguce, 185
To decide the law and the fact, 1S6
Retirement, deliberations and ver-
dict of, 186
To be attended by a sworn officer, 186
Separating without leave of Court, 186
Permitting conversation with, 186
Conversing with, how punished, 186
When to try divorce cases, 197
In forcible entry and detainer, 257
To decide questions of idiotcy,
&c, 276

PAGE.

jury-
to try questions of fraud &.C., in

insolvent cases, 284, 285

Who exempt from serving on, 293

Fee, to be taxed as costs in each

suit, 311

Trials by, before justices, 321,322

To be six in trying right of property, 321
Called in trials for assaults and af-
frays, 329
To try questions in suits for en-
forcing lien, 346, 347
On writ of ad quad damnum, 379
May take papers on retiring, 1 16
Rendering of verdict by, 417
To be charged only as to law, 417
Parties in probate court, entitled

to, 429

Certificates, receivable for county

revenue, 438

When to consist of six — when of

twelve, 476

To assess damages for opening

streets, 479

Of inquest, called by coroner, 517, 518

Of inquest, oath of, 518

" duty of, 518

To try validity of wills, 538

JUSTICE, fugitives from, 5, 23, 261, 623

JUSTICES OF THE PEACE AND

COxNTSTABLES, Chapter 59, 312

JUSTICES OF THE PEACE, election

of, 36, 313, 573

Election of, in new counties, 314

Additional, how elected, 314

Number of, in each precinct, 313

To be sworn, 314

To give bond, 314
Official term of, .313.373
Jurisdiction of, 314, 315

Office of, how vacated, 315

Resignations of, how made, 315

Vacancies, how filled, 314

May collect money, 316
To keep docket and enter suits

therein, 316

To issue summons, form thereof, 317

When to issue warrant, form of, 317
When to issue execution against

bail, 318
Hpw to proceed in absence of par-

ty, 318

May continue causes, 318
May dismiss suit, 318
How to proceed in joint actions, 318
Judgment by &c, 319
Judgments of, when used as evi-
dence, 23^
May take depositions, 234
Have jurisdiction in foicible entry

and detainer, 257,582
May issue warrants for fugitives, 262
May order repair of fences, 280
May issue distress warrant for de-
linquent owner of fences, 286

696

GENERAL INDEX.

JUSTICES OF THE PEACE—

May administer oaths ofoffice &c, 40
Two may bind minor with his con-
sent, 52
May hear complaints of masters

and apprentices, 53

May issue subpcenas for witnesses

before arbitrators, 56

Duty of, in attachments, 58, 5!), 60

Not to practice as attorneys, 73

May hear complaints in cases of

bastardy, 85

May take acknowledgments of

chattel mortgages, 91

And certify the same;form of cer-
tificate, 91
Costs on appeals &c, from, 128
To pay fines into county treasury, 134
May administer oaths to justices

of the supreme court, 142

Punishment for bribing of, I6f>

How punished for accepting bribe, 166
Punished for extortion, oppression,

&c, 170

Duty of, to prevent breaches of the

peace, 172

To take notice of oifences against

criminal code, 174

Jurisdiction of offences relating to

the Sabbath, &c, 177

To be conservators of the peace, 190
May commit dangerous persons to

jail, 190

May issue warrant on cath, 190

.May examine, bail, or commit, 191

Two required in certain examina-
tions, 191
May issue search warrants, 192
May try trespassers on Cumber-
land road, 194
To hear contests respecting elec-
tions, 223
Powers, duties Sec. of, in election

contests, 223

Failing to pay over estray money,

punished, 230

Duty respecting vessels &c. taken

up, 230,231

May adjourn for want of testimo-
ny, 319
May take depositions to be beard

in other counties, 319

Shall cause demands to be consoli-
dated, 320
Shall issue subpcenas, form of, 320
Shall insert names of four witnes-
ses in each subpcEna, 320
May permit parties to give evi-
dence, 320
Mav issue summons to defendant,

to testify, 321

May try cause without process, 321
May enter judgment on awarl, 321

When to summon jury, 321, 322

Prial of right of property before, 321
To preserve order in court, 322

May fine disorderly persons, 322

JUSTICES OF THE PEACE—

When required to send cause to

another justice, 322

May continue causes, 322

When to issue execution, 322, 323

May issue execution to another

county, 323

When to issue execution instanter, 323
Appeals from judgments of, 323

To approve appeal bond, 324

To file transcript of judgment in

circuit court, 324

On writ of certiorari, to send up

transcript, 325

On writ ot certiorari, to take bond, 325
To stay proceedings on service of

writ of certiorari, 326

When property is bound by exe-
cution on judgments of, 326
May appoint special constable, 327
When to issue warrant, in trespass

or trover, 328

In trespass or trover, may issue ex-
ecution against goods or body, 328
When required to summon special

bail, 328

Powers respecting assaults, &c, 329
Duty in appeals of cases of as-
sault, fee, 330
How to proceed on confession,

in assault, &c, 330

Required to make return of, and

pay over fines, 330

May assess costs upon malicious

prosecutor, 331

Going out of office, to transfer

docket, &c, 33!

Receiving docket, to complete bu-
siness, 331
On going out of office, to deliver

books, 331

Bonds of, how long to have force, 331
Effect of official bonds, 332

Failing to deliver papers, &c , how

punished, 332

Failing to pay over money, b&w

punished, 332

Judgment and execution against

332, 333-
Sci. fa. to issue for breaches of

bond , 333

Extent of their liability on bond, 333
May appeal, or have writ of error,

or of certiorari, 333

Entitled to copies of laws, 338

To pay fines, Sec, into county

treasury, 134, 177, 344

May celebrate marriages, 354

May entertain suit for certain mil-
itia fines, 377
Have jurisdiction of suits against

millers, 380

Duty respecting unlawful assem-
blages of servants, Sec, 390
To act as overseers of poor, 403
Duty of, in trials of the right of
property, 475

GENERAL INDEX.

697

I' AGE.

JUSTICES OF THE PEACE—

Duty of, in assessing damages in
obtaining fight of way, 477, 478

Have jurisdiction of suits for road
tax,

Have jurisdiction in suits respect-
ing saltpetre caves,

Not to charge costs against school
fund,

When to perform duties of coro-
ner,

Have jurisdiction against default-
ing sheriffs,

Have jurisdiction over shows and
jugglers,

Have jurisdiction of actions for
cutting trees,

May give judgment in trespass,
after failure to prosecute appeal, 526

Power of, to take recognizances
extended,

Jurisdiction of, in suits against
road supervisors,

Fees of, table of,
'•' to set up tables of,
'• in arbitration cases,
" for taking acknowledg-
ments of chattel mort-
gages,

489
490
512
519
519
520
525

581

593

246

251

57

vi

JUSTICES OF SUPREME COURT,

Election of, 35, 224

Oath of, 142

Official term of, 35

Jurisdiction and duties of, 35

May be addressed out of office, 36

Two may license attorneys, 73

Shall hold circuit courts, 113
If one is unable to sit, another

may fill his place, 143
Entitled to copies of laws and re-
ports, 145, 338
Salaries of, 36, 146, 238, 584
Vacancies in office of, how filled, 146
Exempt from militia duty, 372
To report defects in criminal code, 181
May allow writs of error in vaca-
tion, 188
May grant writs of habeas corpus,

&c., 269

Not competent jurors, 308

May celebrate marriages, 353
(See Judges, Supreme Court.)

JUSTIFIABLE HOMICIDE, defined, 156

JUSTIFICATION, in suits for slander, 172

K.

KEEPER, of penitentiary, (See War-
den )
Of public house, harboring ser-
vants, 180

KIDNAPPING, definition and punish-
ment of, 159

KILLING, what constitutes murder, 155
What constitutes manslaughter, 155
In one county by person in ano-
ther, ]56
Of criminal, while resisting officer, 156
What constitutes excusable and

justifiable homicide, 156, 157
Coroner may arrest person suspec-
ted of, 518

L.

LABOR, regulation of, in the peniten-
tiary, 583
On the sabbath forbidden, 177
On roads, 482 to 489
Amount of, fixed, 485
Fugitives from, restored, 15, 23, 623

LAKE, obstructing or polluting, 175

LANDS, Chapter 61, 336

Of U. S., Legislatures ot Stales
formed in N. W. territory, not
to interfere with title to, 14

Not to tax U. S. non-resident lands
higher than resident lands, 14

Section sixteen granted for schools, 27

Five per cent, of proceeds of,
granted, &c, 27

Public, to be exempt from taxation
for five years, 27

Decree for money, to be lien on, 94

In suit respecting, how unknown
parties summoned, 98

Decree to be lien on, 98

Conveyances of, 102

Rights of various persons in, 103

Adverse possession of, effect of, 103

Imperfect title to, how made good
after sale, 104

Taxes, possession and color of
title, 104

Of United States and of schools,
exempt from certain provisions
of law, 104

All papers relating to, to be recor-
ded, 108

Of county, may be conveyed by
commissioners, 108

Contract for conveyance of, how
enforced, 109

Tenements and hereditaments,
meaning of, • 110

Conveyance of, for charitable
uses, 100, 115, 118

Trustees of academies may con-
vey, 118

May be acquired, &c, by religious
societies, 120

Purchased or sold by counties, 132

698

GENERAL INDEX.

LANDS—

Selling title or interest in, to de-
fraud, 178
Right of dower in, 198
Devise of, to bar dower in, unless

&c, 199

Exchanged by husband, dower in, 200
Assigned to wife, to vest in her

for life, 202

When to vest in widow forever, 202
In different counties, dower in,

how recovered, 202

Not susceptible of division, wid-
ow's yearly interest may be as-
sessed and paid, 202
Widow permitting waste upon, 202
Disposition of, after death of

widow, 203

Recovered by action of ejectment, 205
Form of verdict for recovery of,

in ejectment, 207

Settlement of value of improve-
ments on, between claimants, 211
Value of, assessment of, 212

Of State or U. S., who may bring

ejectment for, 213

When to escheat to State, 225, 226

Rights of claimants to escheated

lands, 226

Entry or purchase of, how proved, 232
Forcible entry and detainer, 256

Fraudulent conveyances of, 258, 259
Fraudulent disposition of, by will, 259
Suits respecting, against heirs,

&c, 260

Lines to be run, 282

Judgment, a lien on, 300

Held by certificate of purchase

from U. S. liable in execution, 301
Taken in execution, how to be

sold, 302

Sale of, not invalid for want of no-
tice, 302
Sold on execution may be redeem-
ed, 302, 303
Conveyed by sheriff's deed, title

to, " 304

Sale of, on mortgages, by sci.^fa., 304
Sale of under decree, may be re-
deemed, 305
Sold on execution, executor may

bid off, 307

Penalty for holding over, 333, 334

Of government, contracts for im-
provements valid, 336
" " extent of pos-

session of, 336

Of U. S., how claims to, settled, 336
Duty of county clerk, as to listing, 336
Distribution of laws, respecting

public, &c, 339

Liable to mechanic's lien, 345

May be divided, to be sold, 346

Any interest in, maybe sold to sat-
isfy lnecharfic's lien, 347
Entry barred after twenty years, 349
Taken for erecting of mill-dams, 378
How taken, 379

LANDS—

Partition of, 399

Which cannot be divided, may be

sold, 401

May be purchased for poor house,

404, 405
Definition of, for revenue purpo-
ses, 436
Minimum value of, for revenue

purposes, 438

Abstractsof,sold,auditorto obtain, 438
Taxable, lists of, to be delivered to

assessor, 438

False or fraudulent list, giving of,

how punished, 440

Omitted in former year, to be as-
sessed, 440
Sale of, for taxes, 444, 445, 446
How divided, to be sold for taxes, 445
Sales of, how conducted, 445
Report of sales of, to be made, 445
Order for sale of, for taxes, 446
Record of sales of, to be sent to

Auditor, 447

Forfeited to State, report of, to

Auditor, 447

Sold for taxes, how redeemed, 447

Unsold for taxes, forfeited to State, 448
Forfeited to State, how redeemed, 44S
Forfeited, if not redeemed, to be

sold, 449

Purchaser of, to have certificate, 449
Remaining, sold at anytime, 450

May be assessed, but not sold, 450

Of canal, not sold for taxes, 450

Forfeited to State, 450

Erroneous sales of, how correc-
ted, 453
Sold for taxes, effect of deed of, as

evidence, 453

Right of way over, 477, 488

Scnool, (See School Lands.)
Sale of, by sheriff, 519

If title to, is averred, suit for cutting

trees to be dismissed, 525

Grant of, by will, 536

Sale of, under will, 556

Sale of, to pay debt of decedent.

558, 559
Interest in, may be sold by execu-
tor or administrator, 559, 560
May be patented by executor or

administrator, 560

Lying in towns, &c, taxable, 588

Sale of,j by late collectors, for

taxes, 58S

Taxes on, to be paid at time of

redemption, 589

Survey of, by adjoining owners, 606
When divided into lots, plat to be

recoided, 606

United States, authorized to ac-
quire for armory, 607
Exempt from taxation, 614, 615
Conlracts for sale of improvement,
Jte., 617
(See Real Estate, Conveyances,
Ejectment, Deeds, Estates.)

GENERAL INDEX.

699

LANDLORD AND TENANT, Chap-
ter 60, 330

LANDLORD, right of, to collect rea-
sonable rei.t, 333
When entitled to double rent, 333, 334
How rent may be collected by, 334
His lien on property, 335
Duty of, as to grain and crops

growing,
To give notice of sale of dis-
trained property,
May dispose summarily, of per-
ishable property,

LANDMARKS, penalty for destroying
or removing,

335
335
335

162

LARCENY, definition and Punishment

of, 160

By clerk, apprentice or servant, 162

By bailee, 162

By lodgers, 163

'(See Thefts, Crimes.)

LATE COLLECTORS, may sell lands

for taxes, 588

LAW, attorney and counsellors at, 73
And fact, jury to be judges of, 186
Common, of England, how far ap-
plicable, 337

LAWS, Chapter 62, 337
To prevent crimes in N. W. Ter-
ritory, how adopted, 12
How bills may become, 35, 337
Repeal of laws respecting incor-
porated towns, 114
Defacing, when posted up, 175
Judges and justices to enforce, 190
Certified by Secretary, to be evi-
dence, 233
Passage of, 337
Governor to transmit to other Go-
vernors, &c, 338
Distribution of, how paid for, 338, 425
How disposed of, when published, 338
Duty of Secretary respecting dis-
tribution of, 338
Who entitled to copies of, 338
On death, &c, of officer, to be de-
livered to successor, 338
Reports of Auditor and Treasurer

to be printed with, 339

Of U. S., to be distributed, 339
Defects of, to be reported to Gen-

eral Assembly, 395
Copies of, to be delivered to pub-
lic printer, 422
Secretary to superintend publica-
tion of, 423
Arrangement of publication, 423
Within what time to be printed, 423
Binding of, 425
Printing of, how paid for, 425
Repealed by the Revised Statutes,

455, to 470

LAWS—

Contravening the Revised Statutes,
repealed, 470

What to be published with Revis-
ed Statutes, 470

Contravening Revised Statutes to
prevail, 472

Respecting limitations, not affec-
ted by repeal, &c. 473

Acts, resolutions, &c, to be filed
in office of Secretary of State, 492

LEARNING, per cent, of proceeds of
sales of public lands, devoted
to, 27

LEASE at rack rent, or for twenty-one

years, 105

Of rooms in court houses, 135
Entry and ouster, when to be

shown, 207
Party holding, may bring eject-
ment, 213
Of lands of ward by guardian, 265
Termination of, 334
Of the penitentiary, 407, 408,582
Of real estate by guardians or ex-
ecutors, 564

LEGACIES in wills to witnesses, 539

When entitled to be paid, 563

When to be refunded,
To be withheld one year in certain

cases, .

LEGAL, owner of land, who consider-
ed,
Advertisement, tearing down,
Representatives, may become pat-
ties to suits in chancery,
Tender, of property under note,

&.C,

LEGATEES, dying, portion of, how dis-
posed of,
To give bond to refund in certain
cases,

598

104
175

98

386

539

563

LEGISLATIVE, power, how vested, 17, 30
Council, of N. W. Territory, 13

LEGISLATURE, (See General Assem-
bly.)

LEGITIMACY, of children not affec-
ted by divorce, 196

LEGITIMATION, of bastards, by in-
termarriage, 86, 547

LENGTH, standard of, ascertained, 532

LESSEE, of penitentiary, to be warden, 583

LESSOR, and lessee, rights of, 334

(See Lease, Landlord and Tenant
Ejectment, Lands.)

700

GENERAL INDEX.

PAGE.

LETTERS OF ATTORNEY, to sell
real estate, to be acknowledged
and recorded, 108

(See Attorney, Power of Attorney.')

LETTERS OF ADMINISTRATION,
(See Administration.')

LETTERS, and figures, may be used in
proceedings against delinquent
lauds, 446

LETTERS TESTAMENTARY, (See
Wills, Executors.)
Form of, 549

Repeal of, 552

LIABILITIES, incurred under old rev-
enue laws to remain, 453

LEVY on lands in another county, cer-
tificate of, to be filed, 305
No lien in such cases, until filing

of certificate, 305

And sale of personal property, 326

On personal property for taxes, 442
(See Execution.)

LEWDNESS, punishment of,

174

LIABILITY, of security on delivery

bond, 306

Of security on official bond, 396, 397,

398, 399

Of officers and their securities,

joint and several, 399

(See Securities, Official Bonds.)

LIBEL, Definition and punishment of, 172

LIBRARIES, Division 4, Chapter 25, 121

How established, 121

Trustees to be appointed, 122

Meetings for formation of, 123

Powers and duties of officers, 123

By-laws to be made, 123, 124

Transfer of shares in, 124

Payments by subscribers, 124

When exempt from taxation, 615

LIBRARY, STATE, Chapter 63, 339
Secretary of State to have charge

of, < 340
How and by whom books may be

drawn, 340

Register of books in, to be kept, 340

Penalty for injuring books of, 340

Fines for injuring, now collected, 340

Of school districts, 506

LICENSES, Chapter 64, 341
Of attorneys at law, 73
To keep groceries, 174
Granted by county courts, 133, 341, 342
County clerks may grant, in vaca-
tion, 341
Who required to procure, 341, 342, 343,
344, 437. 520
Penalty for selling without, 342, 343

PAGE.

LICENSES—

Trustees of incorporated towns,

may grant, 344
To celebrate marriages, 353, 354

LIENS, Chapter 65, 345
Of creditors and mariners on boats, 72
On personal property, when con-
sidered a mortgage, 92
Decree for money to be, on lands, 94
Decree to be, on real estate, 98
Decree to be, on personal estate in

certain cases, 98

Of bond for replevy of judgment, 187

Of judgment upon lands, 300

Of judgment, limitation of, 300
Of judgment, not to abate by death

of defendant, 301
Of judgment, binds lands held by

certificate from United States, 301
Of execution on personal property, 301
Of judgment on sci. fa. to fore-
close, extent of, 305
Of sheriffs certificate on taking

lands in another county, 305
Of judgment, not affected by death

of plaintiff, 307

Of landloid, upon crops and grain, 335

Upon land for labor and materials, 345

Extent of, for labor and materials, 345

How enforced, 345

Petition for, what to be set out, 345

Incidents of trial, &c. to enforce, 346
Rights of respective claimants,

how tried, 347
Creditors may contest each other's

claims, 347

Any interest in lands subject to, 347
Proceedings in case of the death

of parties, 347
Good against subsequent incum-
brances, 347
Limitations of, 348
To enforce, court has chancery

powers, 348

Satisfaction of, out of assets, 348

Judgment to enforce, not to bar

action at law, 348

* Costs of enforcing, how paid, 348

On perishable property for care,

&c. after tender, 3S6
For taxes, 438, 442

For taxes on canal lands, extent of, 590

LIEUTENANT-COLONEL, appoint-
ment of, 357
(For duties of, see Militia.)

LIEUTENANT-GOVERNOR, when

and how chosen, 34, 215

Shall be speaker of the Senate,

ex officio, 34
May debate and vote, and have

casting vote, 34
Vacancy in office of, how filled, 34
His salary, duties, &c. 34
When to perform duties of gov-
ernor, 34

GENERAL INDEX,

701

LIEUTENANT-GOVERNOR—

Who eligible to office of, 40

Entitled to a copy of the laws, 338

Exempt from military duty, 372

LIFE ESTATES, when and how held, 104

LIMB, punishment for disabling, 158

LIMITATIONS, Chapter 66, 34S
Of actions against runaway ap-
prentices, 55
Of actions against fathers of bas-
tards, 86
Of rights of parties to decree, 95
Of liens, created by decree, 98
Of rights to real estate in certain

cases, 105
Of time in which indictment must

be found, 189
Of rights of parties in eject-
ment, 208, 209
Of lien created by judgment, 301
Of prosecutions for assaults, 330
Of mechanics' liens, 348
Of various actions, 348, 349, 350
As to writs of error, 421
Laws respecting, not affected by
repeal, &c. 473

LIMITS, of counties, not to be curtailed, 155

LINES, between lands, survey of, 282

LIQUID MEASURE denned,

532

LIQUOR, not to be sold in less quantities

than one quart, without license, 174

Selling of, to servants and In-
dians, 174, 175

Adulterated, selling of, 175

Selling of, to the disturbance of

religious congregations, 177

Not to be used in the penitentiary, 407

LIST, of accounts audited by auditor, 78
Of Jurors and witnesses, prisoner

to have, 185
Of convicts in penitentiary, war-
den to keep, 406
Of taxable property, 438,439
Form of assessors list, 439
Giving false or fraudulent, punish-
ed, 440
Of lands to be sold for taxes, 444
Of forfeited lands sent to auditor, 447
Of forfeited lands redeemed, sent
to auditor, 449

LISTING of lands for taxation, 336, 439, 440

LITERARY societies, (See Librariet,) 122
What property of, exempt from
taxation, 614, 615

LIVERY OF SEIZIN, not necessary in

conveyances, 102

LIVE STOCK, (See Jnimals.)

LOANS to defraud, void, 258

By guardians, 267

Of school fund, 498

For completion of canal, 601, 60!*

Duty of subscribers to, 601, 608, 609

LODGERS, larceny by, how punished, 163

LOT, terms of county commissioners

decided by, ' 130

Elections, when decided by, 214, 220

LOTS, in corporate towns, to be number-
ed, 115

In burying grounds, exempt from
execution and attachment, 572

Donated to religious societies on
canal lands, 604

LUMBER, punishment for destroying, 179

LUNACY, question of, how tried in

criminal cases, 153

LUNATIC, not punishable for offen-
ces, 152
Person becoming so after commis-
sion of offence, 153
Not affected by statute of limita-
tions, 350
Rights of, saved, 447, 449
(See luiuts, fyc.,)

M.

MACHINE for counterfeiting,

164

MAGISTRATES, in north-west terri-
tory, how appointed, 12
(See Justices of the Peace.)

MAIL, when process may be returned

by, 413

MAINTENANCE of bastard child, 86
Persons guilty of, how punished, 170
Of wife and children, after di-
vorce, 197

MAJORS, appointment of,
(See Militia.)

357

MAJOR-GENERAL, appointment of, 357
(See Militia.)

MAJORITY of supreme court to decide

questions, 142

MAKER, of note, not to alledge pay-
ment after notice ot assignment, 385

'02

GENERAL INDEX.

MALICE, aforethought, defined, 155

Essential to prove, in prosecution
for murder, 155

MALICIOUS MISCHIEF, definition

and punishment of, 179

Indictment for, how found, 184

Prosecutor, to pay costs, 184, 331, 579

MALICIOUS PROSECUTION, pun-
ishment for, 331

MANDAMUS, Chapter 67, 351

Writs of, 51
Circuit court has power to issue

writs of, 351
Appeals or writs of error from

allowance of, 351

Return of writ of, 351

Proceedings on return of writs of, 351
Judgment and execution on writs

of, 351

Costs and damages on writs of, 352

Time for pleading &c, in cases of, 352

MANSION HOUSE, (See Dwelling.)

MANSLAUGHTER, defined, 155

Circumstances attending volunta-
ry, 155
Circumstances attending involun-
tary, 155
Punishment of, 156
Caused by mismanagement of
steamboats, 522

MARINERS, &c, right to attach boat

&c, for wages, 71, 72

MARKETS, towns may regulate,

MARRIAGES, Chapter 69,

112

MARKS AND BRANDS, Chapter 68, 352
All persons owning stock may

have, 352
Record of, to be kept by county

commissioners' clerk, 352

Disputes respecting, how decided, 352

Alteration of, by purchasers, 352

Defacing, altering, &c, 161

353

MARRIAGE, not to abate suit of feme

sole, 44

Of parents of bastard, to legiti-
mate, 86, C47

How proved, in prosecutions for
bigamy, 173

Of persons prosecuted For adultery
to suspend prosecution, 173

What declared incestuous and
void, 173

Contracts of, when annulled, 190

Former, a cause of divorce, 196

How proved in applications for
divorce, 197

page.
MARRIAGE—

At what age may be contracted, 353
Of whites and blacks forbidden, 353
Punishment for unlawful inter-
marriage, 353
Punishment for issuing license to

marry whites and blacks, 353
Punishment for marrying whites

and blacks, 353

Who may celebrate, 353
Certificate of, to be made and filed, 353

Publication of banns, 354

License for, 354

Penalty for not making return of, 354
Penalty for celebrating without a

license, 354

MARRIED WOMAN, may relinquish
dower,

Mode of relinquishment of dower
by, 106,107

Committing offence, by compul-
sion of husband,

Not concluded by judgment in
ejectment,

Not liable to suit for support of
poor relations,

May devise separate estate,

When may be executrix or admin-
istratrix,

105

152

209

402
536

MARSH, obstructing or polluting,

MASTER or mistress, duty of, to ap-
prentice,

May complain to probate court or
justice,

Not to remove apprentice out of
State,

Death of, to discharge apprentice,

Remedy of, if apprentice run
away,

And servant, contracts between
void,

To provide for servants,

542
175

53

53

54
55

55

390
390

MASTER IN CHANCERY, when
there is none, decrees how exe-
cuted, 98
Appointment of, 99
His term of office, 99, 571
Required to give bond, 99
To take oath of office, 99
Powers and duties, 99
Special, when to be appointed, 99
Compensation of, 99
Vacancy in office ot, how filled, 57
Successor may complete business

of, 571

May grant writs of certiorari, 572

MASTER of steamboat, liability of, for

damages, 522

MATERIALS, penalty for taking from

canal lands, 603

Boats &<\, liable for, 71

GENERAL INDEX.

703

MATERIALS—

Taken for public work, road, §c.,

how paid for, 478

For roads, bridges, &c., penalty

for injuring", 483

Supervisors may take, to repair

bridges, &c, 4S8

Taken for roads and bridges, how

valued, 488

MAYHEM, definition of, and punish-
ment for, 158

MAYOR, of a city, may bind vagrant

minor, 53

MEASURES, selling by false, 179
Of length and capacity ascertain-
ed 532
Standard of, fixed, 532

MECHANICS' LIEN, for labor &c,

(See Lien.) 345

MEETING HOUSES, (See Religious
Societies, Charitable Uses.)

MEMBERS OF GENERAL ASSEM-
BLY, may be compelled to
attend, ' 31

May be expelled, 31

Vacancies how filled, 31

When privileged from arrest, 31

May be imprisoned, 32

Restricted from receiving certain

appointments, 32

Punishment for bribing, 166

When to be elected, 215

Special elections of, to fill vacan-
cies, 221
Entitled to copies of the laws, 338
(See General Assembly, Senators,
Representatives. )

MEMBER, punishment for cutting off, 158

MEMBERS OF CONGRESS, may be

compelled to attend, 18

May he punished ami expelled

tor disorderly behaviour, 18

Privilege- of, 1-s

Compensation of, 18

Not io hold office created during

his term, 18

Officer of United States not to be, 18
Of family who considered as, in

taking census, 90

(See Congress.)

MEMORANDUM of contract for sale

of land, how carried out, 109

MEMORIALS, (See Petitions.)

MENACE, erimes committed under, not

punishable, 152

Voting improperly, by reason of, 177

MESNE PROFITS, how recovered, 209, 210
Form of judgment for, 210

MESSENGERS, to be sent for election

returns, 220

On public business, not to pay toll, 253
'1 o demand fugitives from justice, 26 1

MICHIGAN, how bounded by ordinance

of 1787, 15

MILEAGE, of persons carrying votes, 219
Allowed to collectors of revenue, 452

MILITARY bounty tract, evidence of
certain records concerning
lands in, 587

MILITIA, Chapter 70, 355
Duty of States to organize, 6
Of North West Territory, govern-
or to be commander-in-chief of, 12
Officers of, how appointed, 12
Congress may call out to execute

laws, 19
Congress may provide for arm-
ing,, &c. 20
Officers of, how appointed, 20
Governor to be commander-in-
chief of, 34
Of State, of whom to consist, 36, 356
To be armed and equipped, 36
Who not required to serve

in, 36, 293, 488, 594
Officers of, to be elected and com-
missioned, 36
Privileged from arrest while in ser-
vice, &c. 36
Returns to be made to adjutant

genera], 90

And to Secretary of War, 91

Duty, firemen exempt from, 125

Enrolment of, 356

Officers of, how to be armed, 356

Division of, 356, 357

How officered, 357
Creating and altering divisions,

brigades, &c. 357, 358
Who eligible to a command in, 358
Oath of office, 358
Commission of officers of, 358
Artillery, 359
Cavalry, 359
Independent companies, 359
Resignations, how made, 359
Vacancies, filling of, 359
Elections of officers of, how con-
ducted, 359, 360, 375
Mode of contesting elections of

officers of, 361
Duty, exemption from,

362. 371, 372, 364

Musters of, 363
To leceive arms from the govern-
or, 364. 365

704

GENERAL INDEX.

MILITIA—

Court martial, when and how

held, 365, 366

Imposition and collection of fines,

365, 366
Scale of fines, 366, 377

Constable to collect fines, 365, 366

Arrest and trial of officers,

366, 367, 368
When and how called into service,

368, 369, 370
Pay of officers, &c, 371, 372

Uniform of officers, 372

Colors to be provided, 372

Music to be provided for, 372

Duties of various officers of.

372, 373, 374, 375, 376
Paymaster, how proceeded against

for delinquency, 376

Independent companies, 377

Constitution and by-laws of, 377

Exemption after eight years ser-
vice in independent company, 378

MILLS AND MILLERS, Chapter 71, 378

MILLS, taking land for erecting, 378

Erection of, 379, 380

What deemed public, 380

MILLERS, fined for taking excessive

toll, 179, 380

Not competent jurors, 308

Duty as to grinding, 380
Accountability for safe keeping

of grain, &c, 380

Penalty for neglect of duty, 380
May be sued before justice of the

peace, 380

MILL-DAMS, injuring of, punished, 179

Taking lands for erection of, 378

Flowing lands to erect, 379

Application for leave to erect, 379

Not to obstruct navigation, 379

Building and continuance of, 379, 380

MINIMUM value of land, for revenue

purposes,

438

MINISTER OF THE GOSrEL, may

celebrate marriages, 357, 358

Exempt from militia duty, 372

MINISTERIAL POWERS, of probate

justices, 427

MINORS, at what age may be bound, 52

Who may bind, 52
May bind themselves, in certain

ca3es, 52
Found begging, &c, may be

bound, 52

Parent or guardian to pay fine of, 91
May prosecute by guardian,

93, 201, 260, 559

PAGE.

MINORS—

Rights to real estate saved,

105, 208, 447, 449
Prosecuting for enforcement of
land contracts, to have guardi-
ans, 109
Receiving, harboring, &c, 180
Not concluded by judgment, in

ejectment, 208

May choose guardians, 265

May sue by next friend, 267

Not to contract marriage without

consent, 353

Who to pay their militia fines, 370

Appointment of, to be executor, 541
(See Apprentices, Infants, Chil-
dren, Guardians.')

MISADVENTURE, death by, not pun-
ishable, 152

MISCARRIAGE, administering poison

to produce, 158

MISCHIEF, malicious,

179, 184

MISDEMEANOR, what constitutes, 152
In trials of, agreement made as to

the verdict, 186

Must be indicted within eighteen

months, 189

Officer, when guilty of, 398

By cutting trees on school lands, 497
By destroying life on steamboats, 522
Jurisdiction of Cook county court

of, 574

(See Crimes, Offences, Prosecutions.)

MISFORTUNE, acts committed by, not

punishable, 152

MISPLEADING, (See Amendments,
Pleadings, £c.)

MISPRISION of clerk, not to vitiate

process, 48

Court may correct, 48, 49

MISSISSIPPI RIVER, jurisdiction of

counties over, 133

MISTAKE, in the erection of fences,

how corrected, 281

Injuries committed by, 152

Fences built by, 281

MITIGATION, by Revised Statutes, to

be effective, 473

MITTIMUS, effect of want of form in, 192
Prisoner entitled to copy of, 193

MONEY, penalty for passing spurious

notes as, 84

For passing bank notes less than
five dollars as, 84

Punishment by indictment, fine, &c. 84

GENERAL INDEX.

705

FAGE.

MONEY—

In suits for, in chancery, set-off

allowed, 93

Of incorporated towns, how ap-
plied, 113
Embezzling, punishment for, 161
Circulating notes, &c. in lieu of, 175
Lost at gaming, recovered back, 263
Of ward, to be accounted for, 267
Of ward, maybe loaned, 267
Interest on, to be six per cent, 294
Arising from sales in partition,

how disposed of, 401

Penalty for not paying over, 419

Collected on lands in error, to be

refunded by officer receiving it, 450
Congress may coin, 19

Not to be paid out without appro-
priation, 20, 32
(See Interest, Banks, Funds.)

MONIED CORPORATIONS, constitu-
tional provision concerning, 39

MONTH, (See Construction.)

MORAL CHARACTER, certificate of,

to attorney,

73

MORTGAGE, of personal property,

when valid, 91

When and how acknowledged, 91

To be recorded, 91

Copy of, to be evidence, if origin-
al be lost, 92
To husband, not to confer right of

dower, 199

Sale of lands on, by sci. fa. 304, 305
Execution and effect of, 102

Deed in the nature of, 105

Discharge of, from record,^ 110

Given for gaming purposes void, 263
To secure purchase money for

school lands, 501, 505

Form of, for school lands, 501

For school moneys, action, 502,505

MORTGAGED LANDS, subject to

dower, 198

Sale of, under judgment on
fci. fa. 404, 405

Sold under decree redeemable, 405

Discharge of, by executor or ad-
ministrator, 563

Of real estate by executors or
guardians, 564

MORTGAGEE of personal property,

to have possession, 91

Required to enter satisfaction of
mortgage, 110

Not prejudiced by claim of dower, 198

MORTGAGOR, of personal property,
punish«d forselli»g or mortgag-
ing a second time, 92

45

MOTHER, when, may bind minor, 52

Of bastard child, may be witness, 85

" when to pay costs, 86
When required to record birth of

child, 87
When may bind child by will, 268
Illegitimate child, may inherit es-
tate of, 547

MOTIONS, (See Pleadings, Suits, Ac-
tions, Practice.)

MULATTOES, not to be witnesses, 154

Who deemed, 154

Decoying out of the State, 159

Provisions respecting the service

of, 180

Not permitted to give testimony,

154, 237
Who considered, 237

Forbidden to intermarry with
white persons, 353

(See Negroes, &c.)

MULES, (See Horses.)

MUNICIPAL, (See Towns, Cities.)

MURDER, what constitutes, 155
How it may be perpetrated, 155, 156, 157
Punishment of, 155
And petit treason, distinction be-
tween abolished, 157
Of bastard child, 157
By subornation of perjury, 166
Not bailable, 191
Coroner may arrest on suspicion,
of, 518
(See Crimes, Killing.)

MUSTERS, of militia, 363,364

(See Militia.)

MUTE, prisoner standing, 185

MUTUAL ACCOUNTS, (See Set off,
Parties. )

N.

NAME, of person born or dying, to be

recorded, 87

Of owner, not material in tax sale, 448
Of unknown defendants, (See No-
tice, Service, Process, Defen-
dants.)

NATIONAL ROAD, (See Cumberland
Road. )

NATURE, crime against, 158

NATURAL IMPOTENCY, a cause of

divorce,

19S

706

GENERAL INDEX.

NATURALIZATION, Congress may es-
tablish rules of,
Abstract of laws of U. S. respec-
ting,

fage.

19
619

NAVIGABLE, waters in N.W. territo-
ry, to be free, 14
Stream, obstructing, 175

NAVIGATION, not to be obstructed

by mill-dams, 379

By steamboats, rules regulating, 522

NE EXEAT AND INJUNCTIONS,

Chapter 72, 381

In what cases may be granted, 381

Bill or petition for, to be hied, 381
Masters in chancery, may grant

writs of, 99

Who may issue writs of, 146, 381, 382

May issue in behalf of State, 150

Writ of, what to contain, 382

Proceedings, on return of writ of, 382

NEGLIGENT ESCAPE, officer pun-
ished for, 169 I

NEGOTIABLE INSTRUMENTS,

Chapter 73, 384

Debt due on, judgment for, 67
Given for the benefit of counties,

effect of, 132

Forging, _ _ 163

Having in possession or passing, 164

Circulating as money, 175

Given for gaming debts, void, 263
If void, for gaming, not made good

by assignment, 264

Bills, notes, &c, character of, 384

Rights of assignees in, 385

Liability of maker, 385

Liability of assignor, 385

Defences to suits on, 385

Effect of indorsement, 385
Effect of transfer, before and after

due, 385
Failure, or part failure of consid-
eration, 385
How affected by fraud, 386
For personal property, its delive-
ry, &c, 386
Assignment of, need not be pro-
ved, unless, &-c, . 421

NEGROES, not to be witnesses, 154
Not to intermarry with whites, 353
Punishment for unlawfully marry-
ing, 353

NEGROES, MULATTOES, &c,

Chapter 74, 387

Harboring or secreting, 180

Provisions respecting the service of, 180

Selling or carrying out of State, 180
Not permitted to give testimony,

• 154, 237

PAGE.

NEGROES, MULATTOES, &c—

Conditions of residence, 387

To file certificate and bond with

county clerk, 387

Penalty for harboring, &,c, with-
out certificate, 387
Decoying out of State, &c, 159
Families of, to be described in cer-
tificate, ' 388
Subject to poor laws, 388
When to be treated as runaways, 388
Penalty for importing, 389
Punishment for improper conduct

of, 389

Permitting unlawful assemblies of,

389, 390
Fining and whipping of, 389, 390

Penalty for trading with, 390

When disorderly, how punished, 390
Not to deal in certain colors, 390

Unlawful cohabitation with whites, 391

NEIGHBORS, division fences to be

kept up by both, 280

Lands of, to be surveyed at the re-
quest of either, 281

Mav remove fences, erected by
mistake, 280

NEW COUNTIES, elections in, 314

Formation of, 411

NEW PARTIES, to chancery proceed-
ings, how brought in, 96

NEW ROADS, 4S3

NEW STATES, how admitted into the

Union, 23

Regulation, as to formation of, 23

NEW TRIAL, court may grant in eject-
ment, 208
In ejectment, rights of defendant

in, 209

In circuit court, 417

When to be moved for, 417

Not more than two allowed, 417

NEXT FRIEND, infant may prosecute by, 93

NEXT OF KIN, (See Administration.)

NOBILITY, titles of, not to be granted, 20

NON COMPOS, (See Lunatics, %c.)

NON JOINDER, of defendants, how

pleaded, 43

How cured, 44

NON PROS, costs to follow,

127

NON-RESIDENT, defendants in chan-
cery, how served, 93, 94, 200
Rights of, saved from operation of
decree, 95

GENERAL INDEX.

707

NON-RESIDENT—

To give security for costs, 126, 327
Witness, deposition of, how taken,

233, 580
Claimants to lands, not affected by-
statute of limitations, 350
Pauper, how disposed of, 402, 403
Defendants, judgment against, 413
Estates of, administration of, 547, 548
Estates of, how disposed of, 549
Non-resident executor, &c, may
sue in this State, 597

NON-SUIT, costs on, 127

When defendant entitled to, 414

To be before retirement of jury, 417

NORTH WEST TERRITORY, ordin-
ance for government of, 11
Division of, 12

NOTARIES PUBLIC, Chapter 75, 391

Fees of, 248
Appointment of, 391, 392
Term of office, 392
Vacancies, how filled, 392
On going out of office, to surren-
der books, &c, 392
Duties of, 392
To give bond, 392

NOT GUILTY, mode of pleading, 185
Entered for prisoner standing

mute, 185

NOTES OF BANKS, 84
Given for benefit of counties, effect

of, 132

Forging of, 163

Having in possession and passing, 164

Circulating as money, 175

Given for gaming debts, void, 263
Validity and negotiable character

of, 384

To be taken for school lands, 501, 505

NOTICE, publication of, 47
How proven and paid for, 47
Legal, how long to be published, 49
Of filing award, 57
In attachment cases, 60
To be posted by constables, 60
To be given in attachment, 66
Of taking depositions, 68
Of sale of perishable property, 68
Of exception to bail, 81, 82
Of surrender of principal in dis-
charge of bail, 82
Of motion for judgment against

bail, by heirs, &c, 83
To non-resident defendants in

chancery, 94, 200
Of riling of replications, 96
To unknown parting, how given, 98
Deed, &c, to subsequent purcha-
sers, 109
Of petition to perfect title to
land, 109

NOTICE—

Of election in incorporated town, 111
Of election of trustees of aca-
demy, 117
Of special term of circuit court, 148
Of holding of special term of cir-
cuit court, 149
Of felony, to be given, 190
Legal, tearing down, &c, 175
Of suit in ejectment, filing of, 205
Of adverse claim to lands, 212
To occupying claimant, 213
Of tie in choice of electors, 214
Of election, to be put up, 215, 216
Of special election of members of

Legislature, 220
Of contesting election, 222
By person taking up estray, 227
Of estrays, posting and publica-
tion of, 228
Of intention to take depositions,

233, 234

To take testimony in perpetuam, 236

To owner of land, to repair fences, 280

Of sale of lands on execution, 302

Penalty for selling without, ' 302
Of sale of goods on execution,

. 306, 326
To executor, &c, of intention to

issue execution, 307
Of landlord to tenant to quit, 333
Of tenant, his liability after giv-
ing, 334
Tenant to give landlord, of suit in

ejectment, 334
Of application for writ of ad quod

damnum, 378
Filing of, by security on official

bond, to be released, 397, 398
To changing county lines, &c, to

be given, 411
Of location of State road to be

given, 411
Of set off, &e., under general is-
sue, 415
Of taxes due, to constitute a de-
mand, 442
Of sale of personal property for

revenue, 442
Of sale of lands for taxes, 444
Of sale of forfeited lands, 449
To plaintiff in trying right of pro-
perty, 476
Of petition to vacate road, 484
Of laying out cart road, 484
Of sale of school lands, 499
Of sale of property, by warehou-
ses, 530
Of settlement of accounts, of es-
tate, 556
Of sale of personal property, 557
Of sale of real estate to pay debts,

558, 559
Of presentation of claims, 561
To plaintiff, to pay debtor's jail fees, 570
To absent party, of taking of de-
positions, 580
Of sale of claims due to estates, 595

708

GENERAL INDEX.

NUISANCES, towns may regulate, 112

May be abated, 175

NUMBER, (See Construction.)

NUNCUPATIVE WILL, 538, 539

(See Wills.)

0.

OATHS AND AFFIRMATIONS,

Chapter 76, 393
How administered, 393
Who may administer, 393, 394
Effect of false swearing, 394
Speaker, &c. of Senate may ad-
minister, 616
Of office, to be taken by officers

of N. W. Territory, 13
To support constitution of Uni-
ted States, required, 24, 32
Required in constitution, who may

administer, 40
Arbitrators to take, 56
Of attorney, to be indorsed on li-
cense, 73
Form of oath to be taken by at-
torney, 74
Who may make, to hold to bail, 81
To be taken by census commis-

bionere, 89
To answer in chancery, who may

administer, 95
When proper to answer in chan-
cery, 96
Masters in chancery may adminis-
ter, 99
Of town officers, 114
Of trustees of academies, 118
Of county commissioners, 130
Of county commissioners' clerk, 131
Of county treasurer, 137
Of justices of Supreme court, 142
Of clerk of Supreme court, 144
Of reporter of Supreme court, 145
Of clerks of circuit court, 146
False, punishment for taking, 165
Warrant for offender, founded on, 190
Not required in answer in divorce

cases, 197
Of commissioners to assign dow-
er, 201
Of owner of stock, against drover, 203
Commissioners to assess improve-
ments, may administer, 212
Of judges and clerks of election, 216
Of voters, 217
Of person taking up estrays, 227
For arrest of fugitive from justice, 262
Of insolvent debtor, 283
Of grand jury, 309
Of justices and constables, 314
Of plaintiff before justice, desi-
ring warrant, 317, 328

OATHS AND AFFIRMATIONS—

Of one party, before justice, may

be had, 320

Of militia officers, 358, 362

Of probate justices, 426

Probate justices may administer, 427
In replevin. 434

Of assessor, 438

Of collector of the revenue, 441

Includes an affirmation, 472

Of sheriff and coroner, 514

Of coroner's jury, 518

Of county surveyors, 524

Of deputy surveyor, 524

In proof of will, 536, 537

Of executors and administrators,

541, 543, 550
Of appraisers of estates, 554

Of creditor of estate on settlement,

556, 561
Of judge of Cook county court, 574
(See Affirmations, Testimony,
Affidavits.)

OBJECTIONS, to sufficiency of bail, 82

OBLIGATIONS, taken for unlawful

notes, void, 84

(See Joint Rights, fyc, Negotiable
Instruments, Contracts. )

OBLITERATING advertisements, 175

OBSCENE BOOKS, importing, 174

OBSTRUCTING, officer iir discharge

of duty, 167, 168

Roads, navigable rivers, bridges,

&,c, 175

Watercourses, 175

Roads and bridges, penalty lor,

482, 483

OCCUPANT of premises may be defen-
dant in ejectment, 206
Having title not liable for rents
and profits, 211

OCCUPYING CLAIMANT, his right

to lands settled, 211, 213

ODD BATTALION, (See Militia.)

OFFENCES, against the personi of indi-
viduals, Division 5, of Chap-
tbr 30, 154

Compounding, punishment for, 169

Conspiracy to charge with, pun-
ishment for, 169

Committed in one county, by per-
son in another, 185

Judges and justices to enforce laws
against, 190

What specie3 of, n»t bailable, 190

OFFENDERS, may be arrested, &c, 190
Examination of, 191

May be pursued to any county, 192

GENERAL INDEX.

709

OFFENSIVE TRADE, punishment for

carrying on, 175

Weapons, carrying with intent
&c, 176

OFFICERS, Chapter 77, 394

Embezzling public money, how

punished, 161

Defaulters disqualified from hold-

ing, 162

Resisting of, how punished, 168

Permitting prisoner to escape, how

punished, 168, 169

Of forces raised by State, how

commissioned, 6

Of militia in north-west territory,

how appointed, 12

Of north-west territory to be sworn, 1 3
Of U. S., removable on impeach-
ment, 22
Of U. »., ineligible to seat in Gen-
eral Assembly, and to State offi-
ces, 32
Of Stat* to be sworn, 32
Of State, various, how appointed,

35, 40
Of territorial government, to con-
tinue until superseded, 39
Fees of, in arbitration cases, 57
To subsist slaves &c, attached, 69
Arrest of, and privilege from, 74
What, not to practice as attorneys, 74
Attorney General to advise, 76
Of towns, how appointed, 111
Of towns, to give bond, 113
Fees of, in corporate towns, 1 14
To pay fines collected into county

treasury, 134

Embezzling public funds, 139

Suits against, in supreme court, 144
When resisted, justified in killing, 156
What shall keep their offices at

the capital, 394

Auditor to sue and defend for the

State, 394

Attorney General to prosecute and

defend for auditor, 394

Certain, to report defects in laws, 395
Certain, may have deputies, 395

Removal of, to vacate offices, 395

.Bonds of, to be examined period-
ically, 396
When required to give new bonds,

396, 397
Penalty for not giving new bonds,

396, 397, 398
To be removed for not filing new

bond, 397, 398

Release of, securities of, 397, 398

May be indicted for embezzle-
ment, 398
Failing to deliver books &c, how

punished, 398

And their securities, jointly or
severally liable, 399

OFFICERS—

Penalty for refusing to seize pa-
pers, &c, 433
Of cities and towns, punished for
issuing warrants to circulate as
money, 531
Required to deliver money &c,

to successor, 162,338

Bribing of, punishment for, 166, 167
Receiving bribe punishment of, 167

Falsifying &c, records, H-,7

Withholding papers, &c, 167, 338

Refusing to make arrest or receive

a prisoner, 169

Removable for malfeasance in of-
fice, no
Duty of, to prevent breaches of the

peace, 172

Duty to enforce penalties of crim-
inal code, 174
Making arrest, may command as-
sistance, 176
Duty of, to arrest indicted per-
sons, 183
Duty of, to take bail of indicted

person, 183

May commit for want of bail, 183

Transporting; prisoner, entitled to

compensation, 184

To attend jury in criminal cases, 186
Oath of, as to charge of jury, 186

Attending jury, penalty for neg-
lect, &c, 186
Special, to execute warrant, 192
May arrest prisoner in any coun-

ty, 192

May carry prisoner through any

county, 192

May use jail of any county, 192

To collect and return fee bills, 249

Failing to collect, penalty, 250

Refusing to obey writ of habeas

corpus, 273

Punished for taking property ex-
empt, 306
To return laws to county commis-
sioners clerk, on retiring, 338
Celebrating unlawful marriage,

punished, 353

Embezzlement by, how punished, 397
Not filing new bond to deliver

books &c, to sureties, 398

Of Militia, (See Militia.)

OFFICES, of State, who ineligible to, 32

When to be declared vacant, 139, 140
Of clerks, examination of. 143, 147

Intrusion into, 169

Who incapable of holding, 182

Vacancies in, how filled, 221

Of State, restricted as to contract-
ing, <fcc , 607
Contests respecting elections to, 222
Mode of conducting, 222, 223, 224
To regulate affairs of common

fields, 278, 279

Vacated by refusal to file new
bond, 397

710

GENERAL INDEX.

OFFICES—

Vacated by embezzlement, 398
Intrusion into, punished, 429, 430

OFFICIAL, certificate of register or re-
ceiver of land office to be evi-
dence, 232

OFFICIAL BONDS, Chaptfr 78, 396
Judges to examine at each term of

the courts, 396
Renewal of may be required, 396,397
County commissioners' court to

examine, of county officers, 396
Probate justice to examine, of ex-
ecutors, &c, 397
May be questioned by any party

interested, 397
Record of examination of, to be

made, 397
Refusal to file new bond to vacate

office, 397
How securities onj may be releas-
ed, 397, 398
New bond, filing and approval of, 398
If not filed, office to be vacant, 398
Joint and several liability of offi-
cers and sureties on, 399
Public printer to give, 422
Of public binder, 425
Of probate justices, 426
Of recorders, 431
Of collectors of the revenue, 441
l: <e to be recorded by

county clerk, 441
iC " to be filed in audi-
tor's office, 441
c: u may be read in evi-
dence, 411
" " auditor to sue on, 441
Of school commissioners, 498
Of school trustees, 505
Of sheritFs and coroners, 514
Of sheriffs and coroners, suit on, 516
Of clerk of Cook county court, 575
Of attorney general and circuit

attorneys, 75
Additional, when required, 76, 78, 528

Of auditor and treasurer, 77

Suit on may be joint or several, 78

If not given, offices to be vacated, 78

Constables required to cive, 315

Of justices of the peace, 314
Of justices and constables, effecf

of, 331,332
Of justices and constables, judg-
ment and execution on, 333
Of notaries, 392
To be given by conservator of idi-
ot, &c. 277
Of executors and administrators,

541,543,549
Of administrator of an executor,

&C-, 551

Additional, when demanded, 553

Of the warden of the Penitentiary, 583

PAGE.

OFFICIAL BONDS—

Security for costs required in suits

on, 126

Of clerk of county commissioners'

court, 131

Of justices and constables, how

long to have force, 331

Liability of securities of justices

and constables on, 332, 333

Of treasurer of State, how cancel-
led in '•.ase of his death, 79
Of officers of incorporated towns, 113
Of county treasurer, 137
Of clerk of the supreme court, 144
Of clerk of the circuit court, 146
Required of guardian, 265

OFFICIAL SEALS, county courts to

procure, 133

OFFICIAL STATEMENT, of attorney

general, suit may be brought on, 150
Of certain public officers, to be ev-
idence, 150

OHIO, how bounded by ordinance of

1787, 15

River, ferries across, 254

OPINION, in writing, 136,145

OPPRESSION, of prisoners by jailer, 167

ORDERS, _ 45, 49, 50, 218, 446

Of cities and towns, issuing of,

regulated, 531

County, to be countersigned by

treasurer, 136

ORDINANCE of 1787, 11

Objects of, 13
Of Illinois, accepting proposals of

Congress, 27
To be published with Revised

Statutes, 470

ORDINANCES, of incorporated towns, 112

ORIGINAL JURISDICTION, of coun-
ty court, 133, 134
Of supreme court, 143, 144
(See Jurisdiction.')

OVERSEERS OF THE POOR, to pros-
ecute for certain trespasses, 526
(See Paupers.')

ORPHANS, certain fines, for benefit of, 178
(See Minors, Children, Paupers.)

OUSTER, when necessary to show, in

ejectment, 207

Judgment of, on trial of quo war-
ranto, 430

GENERAL INDEX.

711

OUT-HOUSES, to taverns, permitting

gambling in, 174

OVERSEERS, of highway, not compe-
tent jurors, 30S
Of poor, when may bind minor, 52
Powers as to idiots, lunatics, &c. 277
Duties as to paupers, 403

OWNER, of carriages, liable for acts of

driver, 481

Legal, by paying taxes, having
possession and color of title, 104

Of stolen goods, may bring action
to recover them, 161

Of stock driven off, may follow
and reclaim it, 203

Of unruly animals, liable for their
damage, 281

Of insufficient fence, liable for
injuring animals, 281

Name of, not material to validi-
ty of tax title, 448

P.

PANEL jurors, how made up, 184

PAPER, for public printing, 423, 424

Secretary of State to^procure, 424

For Revised Statutes, 471

PAPER TITLE, effect of,

104

PAPERS, certified from office of Auditor

and Treasurer, to be evidence, 78

Withholding of, by officer, 167

When to be produced on trial, 415

Jury may take from the bar, 416, 417
Containing tax advertisement to

be transmitted and filed, A '.

PARENTS to pay fine for child, 91
Consent of, necessary to marriage

of minor, 354

To support poor child, 402

Share of, in estates, 546

PARTIAL, failure of consideration, 385, 386
Reversal of judgment, effect of, 421

PYRTICULARS, bill of, when to be

filed, 71, 415

PARTIES, in appeals, rights of, 325

To suits to enforce mechanics'
lien, who may be, 346, 347

To proceedings in partition, who
to be, 400

Absent, notice to, of taking depo-
sitions, 580

Substitution of, 597

(See Abatement, Substitution.)

PARTIES—

Rights of, on trial, 25

Substitution of, 45

New, to proceedings in chancery, 96
To suits in cbancery, how third

persons may become, 97

How third persons may be made

on death, &c. 98

Substitution of, in ejectment, 208

Not to dictate or write deposi-
tions^ 235
Before justice may testify in cer-
tain cases, 320

PARTITION, abatement of suits for, 45

Of estates held in joint tenancy, 29!>

PARTITIONS, Chapter 79, 399

Abatement of suits for, 45

Of estates held in joint te-
nancy, 299, 399
Circuit court.has jurisdiction of, 399
In what county proceeding shftll

be had.
Petitions for, what to set out,
Who to be made parties,
Unknown parties,
Service on various parties,
Rights of parties, how ascertain-

ed,
Judgment of court in the premi-
ses,

Commissioners to partition land, 400, 401
Their compensation and duties, 401
Sale of lands in, when not divisi-
ble,
Avails, how disposed of,
Plea in abatement not admissible

399

400
400
400
400

400

400

401
401

in, 401

PARTITION FENCES between neigh-
bors, charge of, how borne, 280

PARTNERS, attachment against, 62, 64, 70

Evidence in suits by, 233

Defence, as to non-joinder of, 233

PARTNERSHIP, proof of, in joint ac-
tions, 233

PASSENGERS, injuries to, on roads, &c. 480

On steamboats, 522

Landing of, from steamboats, 522

PASSING notes of pretended banks, 84

Bank notes less than five dollar?, 84

PATENT, a better title than land office

certificate, 233
To be granted to purchaser of

school land, 501

PAUPERS, Chapter 80, 402
Laws respecting, applicable to

negroes, dec. 388
Relations shall support each other

if able, 402

712

GENERAL INDEX.

PAUPERS—

Penalty for refusing, 402

When to be supported by county, 402
When non-resident, how Drovided

for, 402, 403

Support of, 403

May be placed with proper person

for keeping, 403

To what county chargeable, 403, 404
Removal of. to proper county, 404

Expenses of, may be recovered of

the proper county, ■ 404

PAYMASTER-GENERAL, appoint-
ment of,

(See Militia.)

PAYMENT, into county treasury,
Of county orders,
Of money, destroying writing for,
Not good after notice of assign-
ment,
Plea of, and proof of set-otfunder,
Of canal debt,

PEACE, disturbing, how punished,
Officers to prevent breaches of.
Conservators of,

357

139
141
162

385
416
612

171
172
190

PEDLERS, to obtain license and pay tax, 437

PENAL, actions, security for costs re-
quired in, 126
Bonds, actions on, 416

PENALTY, for wrongfully receiving

money as attorney, 74

How recovered, and to whose use, 75
Of bail bond, 81

For parsing small notes, 84

For passing spurious or pretended

bank notes, 84

For fraudulent sales, &c. of per-
sonal properly mortgaged, 92
For refusing to satisfy mortgage, 40
For violating law respecting town

lots, 116

For refusing to deliver books, &c.

to successor, 131

For falsely swearing in a vote, 217

For voting when not qualified, 217

For not conveying poll books

faithfully, 219

For violation of election laws, 221, 222
For not obeying writ of habeas

corpus, 273

For evading writ of habeas corpus, 273
For arresting prisoner once dis-
charged, 273
For selling lands on execution

without notice, 302

For taking property exempt from

execution, 306

For taking pauper to another

county, 404

For not returning execution, 419

For not payingovermoney, 419

For not completing printing and

binding, 425

PENALTY—

On clerk and collector for not

paying, <?51

For cutting trees, &c. 497, 525, 526
For issuing warrants to circulate

as money, 531

For using unlawful weights and

measures, 533

For not delivering up wills, &c.

belonging to estate, 540

For refusing to accept executor-
ship, 541
For obstructing fordible streams, 593
For embezzling '"'interest fund," 600
For taking cord wood, 606
To be in proportion to crime, &c. 38
Of criminal code, to be enforced

against defaulters, 150

Not affected by repeal, 473

For cutting trees on school lands, 497
Imposed by Cook county court, 575
Imposed by Jo Daviess county

court, 577

PENITENTIARY, Chapter 81, 405

Inspectors of, to be appointed, 405

" their duties, 405, 406, 407
Officers of, how appointed, 406

Expenses of, how defrayed, 406

Accounts to be kept with convicts, 407
Officers of, to be sworn, 407

Inspectors and warden to give

bond, 407

Spirituous liquors forbidden, 407

Leasing of, 407, 408

Conveyance of prsioners to,
Custody of,

Duty of, warden respecting,
Whipping forbidden, except, &c.
Act leasing to S A. Buckmaster,
Term of his lease of,
Rent to be paid for, and how paid,
Labor in, how to be applied,
Bonus for lease of, how paid to

State,
Fees of inspectors of, to be paid

by lessee,
Bond required of lessee of,
Failure of lessee of, to comply

with bond,
Lessee to be warden of,
Warden of, setting prisoners at

liberty,
Jury shall fix term of confine-
ment in,
At what age persons may be sen-
tenced to,
Oath required of warden of,

409
409, 410
410
410
582
582
583
583

583

583
583

583

583

168

182

182
583

PEOPLE, rights retained by,
The source of power,

PEREMPTORY CHALLENGE,

jurors,

(See Challenge.')

01

26
37

185

PERIODICALS, Secretary to subscribe

for, 594

GENERAL INDEX.

713

PERISHABLE property may be sold, 68, 335

Preservation of, after tender, 386
(See Propertxj.)

PERJURY, in making false affidavit of

birth or death, 88
False affirmation, 154
Definition and punishment of, 165, 166
Punishment, when innocent per-
son suffers for, 166
Indictment for, what to contain, 166
By voter in proving his qualifica-
tions, 217
Of insolvent debtor, 286
How committed, 394

PERPETUATING TESTIMONY, (See

Evidence, &c.) 235

PERSON, (See Construction.)

PERSONAL PROPERTY, of aliens, 48

Taken in attachment, 59
Mortgages of, 91, 92

Possession of, when mortgaged, 92
When mortgaged, fraudulent sale

of, 92

When decree to be lien on, 98
Devise of, by will, to bar dower in,

except, &.c, 199

When bound by execution, 301, 326

Last to be taken in execution, 301

Notice of sale of, to be given, 306
Defendant may retain, by giving

bond, 306
What articles of, exempt from ex-
ecution, &c, 306, 329
Penalty for taking, when exempt,

&c, 306
Tender of, under negotiable in-
strument, 386
Definition of, for revenue purpo-
ses, 436
Lien on, for taxes, 442, 438
May be seized and sold for, 442
Manner of sale of, for taxes, 442
Sale of, by executor or adminis-
trator, 557
Preserved and distributed under

will, 557
When insufficient to pay debts,

real, to be sold, 562

PERSONS, and papers, security of, 37

PERSONATION, of another, how pun-
ished, 167

PERVERSION, of trust property, 100

PETITIONS, Chapter 82, 411
Right of, secured, 39
For perfection of titles to land, 109
Of widow, for assignment of dow-
er, 200
For leave to take testimony in per-
petuam. 236

PETITIONS—

For writ of habeas corpus,
For writ of certiorari,
To enforce mechanics' lien,
For writ of ne exeat,
Foi partition of lands

PAGE.

269
325
345
381
400

To state as to unknown parties, 400

For sale of school lands, 498, 499
To the General Assembly, notice

of to be given, 411
Not to be acted on, until notice is

given, _ 411
For dividing counties or removing

county seats, 411
For location of State roads, 411
To be signed by fifty householders, 411
Road not to be established with-
out, 411
Clerk, when to give certificates, 411
Concerning roads, 482 to 489, 592
For sale of real estate of decedent, 558

PETITION AND SUMMONS, com-
mencement of suit by, 417
Assignment, how set out, 417
Service of, 418

PETIT JURY, 149

May find whether prosecutor act-
ed maliciously, 184
Selection and drawing of, 309, 310
(See Jury.)

PETIT TREASON, and murder, dis-
tinction between, abolished, 157

PHYSICIANS, bill of, order of pay-
ment out of estate, 561

PIRACIES, &c, on the seas, power of

Congress to punish, 19

PLAINT, proceedings in replevin com-
menced by, 434

PLAINTIFF, dying before final judg-
ment, not to abate suit, 44

Death of one, not to abate suit, 44

Real, suit in name of, 45

In attachment, may sue sheriff on
insufficient bond, 65

In attachment, may file interroga-
tories, 67

In sundry actions, may have at-
tachment, pending suit, 70

May prosecute without attorney, 75

When required to give security
for costs, 126, 327

If poor person, may prosecute,
without paying costs, 126

If poor person, may have counsel
assigned, 126

When to pay costs, 127

In ejectment, real name of, to be
used, 205

To elect his defendant in eject-
ment, in certain cases, 207

In ejectment, death of, 208

714

GENERAL INDEX.

PLAINTIFF—

In ejectment, entitled to judgment

for rents and profits, 209

To give notice of issuing of exe-
cution, &c, 307
When entitled to garnishee prop-
cess, 307
Death of, not to delay proceed-
ings, - 307
Before justice, may have warranty 317
Not appearing, justice to dismiss

the suit, 318

May summon defendant to testify, 320
On failure of defendant, may tes-
tify, 321
One of several may appeal, 324
May reply severally, to plea, 415
Not to deny execution of writing

without oath, 415

Not compelled to commence a-

new, by arrest of judgment, 417

Not entitled to costs, affer tender, 418
In trial of right of property,

474, 475, 476
" a when to pay costs, 476
Application for change of venue
by part of, 528

(See Parties.')

PLATS, of corporate towns, 115

To be acknowledged and recorded, 1 15
Of roads to be recorded, 487

PLATES, for counterfeiting, 164

PLAYING CARDS, penalty for impor-
ting, 174

PLEA, in abatement, to be sworn to, 43
If overruled, defendant to pay

costs, 43
In case ot non-joinder of defen-
dants, 43
Effect of, in abatement in at-
tachment, 60
In attachment cases, 66
In bar, to suit for unlawful

notes, 84

Of not guilty, how made, 185
" " how entered, and its

effect, 185
Of guilty, not entered, until conse-
quences are explained, 185
Of riens per descent, 260
May be several, 415
Of general issue and notice, 415, 416
Of payment, 416
Of title to land, to be accompa-
nied by bond to prosecute, 525

PLEADING, amendment of, 48

Errors, &c, in their effect, how

cured, 49, 50

Dispensed with in garnishee cases, 67
In chancery term, given, 97

Amendment of, 97

PAGE.

PLEADING—

Formal, not necessary in suits for

dower, 201

In ejectment, 205, 206, 207

In accions brought by partners, 233
In actions to enforce mechanics'

lien, 346

In rnandaums cases, 352

Time for, 415

Nature and rules of, 415

On trial of quo warranto, 430
(See Practice.)

PLEDGES, to prosecute, not required, 50, 51

PLURAL, includes the singular, 472

PLUR1ES, when issued, 94, 305, 413

POISON, administering of, 158

POLLS, when opened and closed, 216

Proclamation of closing of, 216

Comparing of, in counties joined, 219

POLL BOOKS, to be sealed and return-
ed, 219
Penalty, for not safely delivering, 219
When and by whom to be opened, 219
Injuring; or destroying, 222
In elections of militia officers, 360

POLL TAX, (See Taxes.)

POLLUTING, water courses, 175

POOR, person, may prosecute suit, with-
out paying costs, 126, 197

Children, certain fines for benefit
of, 178

Houses, county commissioners
may establish, 404

County commissioners may re-
ceive donations for, 404

When established, authority of
overseers ended, 404

Lands for, how acquired, 404, 405

Tax may be levied to support, 404

Idiots, power of overseers as to, 277
(See Paupers.)

POOR DEBTORS (See Insolvents, Sec.)

POPULAR ACTIONS, costs in, 128

PORK, inspection of, 287

POSSE COMITATUS, refusal to join, 176

POSSESSION of personal property, 91, 92
When mortgagor may retain, 92
Not necessary, in conveying inter-
est, 103
For seven years and color of title, 104
Widow to have, of dower assigned, 202
Right of, must be shown in eject-
ment, 207

GENERAL INDEX.

715

PAGE.

POSSESSION—

Verdict of, in ejectment, 208

Writ of, in ejectment, form of, 208
Proof of right of, authorizes a re ■

covery, 213
Tenant not delivering, to forfeit

double rent, 334
Writ of, against tenant holding

over, 334

Extent of, on government lands, 336
Person having right to, may bring

replevin, 433
Of improvements on public lands,

sale of, 617

POSTAGE of public officers, how paid, 238

POSTHUMOUS CHILDREN, convey-
ances for benefit of, 105
May inherit, 547

POSTMASTERS, not competent jurors, 308

POST OFFICES and post roads, power

of Congress over, 8, 19

POWER, inherent in the people, 37

Of State government, 30

Of the governor, 33
Of attorney, 108,417
Of Congress and of States, 7, 26

POWDER, carrying on boats,

522, 523

PRACTICE, Chapter 83, 412

Rules of, in chancery proceedings, 95
Supreme court may prescribe rules

of, 143, 146

In suits against heirs or devisees, 261
In suits for violation of habeas

corpus law, 274

First process, what to be, 413
In what county defendant may be

sued, 413
If more than one defendant, writ

may go to other county, 413

Effect of judgment against a part, 413

Service and return of process, 413

Service on corporations, 413
Continuance for want of timely

service, 413
Alias summons &c, 94, 305, 413
Judgment against part of defend-
ants, 413
Sci. fa. againstthose not served, 414
Sheriff for neglect, maybe ruled, 414
Effect of neglect to file declara-
tion, 414
Nonsuit, 414
Clerk to keep docket, 414, 419
Subpoenas, issuing and return of, 414
Trial by the court, 414
Books, papers &c, when to be

produced, 415

Bill of particulars to be filed, 415

Appearance^ 415

Pleading, 415

PRACTICE—

Calling of docket, 415

Continuances, how obtained, 415

Diligence in obtaining witness, 415

Admitting facts as proved, 415

Several pleas admitted, 415

General issue and notice, 415

Replication may be several, 415

Rejoinder may be several, 415
Denial of execution of writing, to

be on oath, 415

Clerk may assess damages, 415

Default, may be set aside, 415

Affidavits to be filed, 416

Declaration on penal bonds, 416

Judgment on penal bonds, 416
Subsequent breaches of penal

bonds, 416

Defence, 416

Set off, 416

Challenge of jurors, 416
Jury may take papers, 416, 417

Exceptions how taken &c, 416

Verdict, entry of, 417

JNew trial, ' 417

Setting aside verdict, 417

Faulty counts, 417

Declaration in attachment, 417
Judgment against creditor for want

of declaration, 417
Confession of judgment, 417
Release of errors, 417
Instructions to jury, 417
Nonsuit, 417
Interpreters, 417
Arrest of judgment, 417
Petition and summons, 417
Form of petition, 417
Assignments, how averred in peti-
tion, 417
Service of petition and summons, 418
Petition to stand as declaration, 418
Affidavit to hold to bail, on peti-
tion and summons, 418
Tender of payment, to bar costs, 418
Declaration not necessary in sci.

fa., 418

Fee book to be kept, 418

Fee bill, 418

Fee bill when void, 418
Names of witnesses to be in fee

bill, 418
Entries in fee book, 419
Judgment docket, 419
Entries in judgment docket, 419
Clerk failing to keep docket, &c, 419
Sheriff neglecting duty, how pro-
ceeded against, 419
Returns of executions to be enter-
ed by clerk, 419
Setting aside proceedings out of

term, 419
Court may stay proceedings, 419, 420
Appeals to supreme court, how

• allowed, 420

Bond required on appeal, 420

716

GENERAL INDEX.

PAGE.,

PRACTICE—

Record to be filed in supreme
court, 420

Dismissal, for want of filing re-
cord, ' 420

Supreme court, its power over the
case, 420

Duty of clerk of circuit court on
dismissal or affirmance in su-
preme court, 420

One of several, may appeal to su-
preme court, 420

Costs not taxable against party not
joining in appeal, 420

Supreme court may give judgment,
or remand the case, 421

Limitation of writs of error to
supreme court, 421

Eights of infants, &c, saved, 421

Supersedeas, when writ of error
to be, 421

Judgments on writs of error, 421

Equal division of supreme court to
affirm, 421

Scrawl considered a seal, 421

Damages for delay on appeal &c, 421

Assignments of negotiable instru-
ments when need not be proved, 421

Waiver of irregularities in change
of venue, 530

In Cook county court, 574, 575

In Jo Daviess county court, 577

PRAECIPE, filing of,

PRAIRIE, setting on fire, 179

PRECINCTS, counties divided into, for

election purposes, 215

PRE-EMPTION, (See Lands.)

PREJUDICE, of people, cause for

change of venue, 528

PRESENTMENT, by grand jury, how

made, 309

PRESENTS, officer of U. S. not to ac-
cept from foreign government,

PRESIDENT OF THE UNITED STATES,
May be removed from office, on

impeachment, 22

Entitled to five copies of reports

of supreme court, 145

Electors of, how chosen, 214

Executive power vested in, 20

His official term to be four years, 20
How elected, 21, .26

His qualifications, compensation

and oath of office, 21, 26

To sign or return bills with ob-
jections, 19
In case of removal, death #c, of,
vice president to perform his
duties, 21
If vice president die, &c, how
office filled, 21

20

PAGE.

PRESIDENT OF U. S.—

Shall be commander in chief of

militia, when in service, 21

May grant reprieves and pardons, 22
General powers enumerated, 22

PRESIDENT OF THE SENATE, of
the United States, vice presi-
dent to be, 18
Official term of, 113
Of Illinois, the lieutenant governor
to be, ' 34

PRESIDENT, and trustees of incorpo-
rated towns, powers of, 113

PRESS, freedom of, secured, 25

PRETENDED bank notes, penalty for

passing, 84

PREVENTING master from retaking

servant,

180

PRIMA FACIE, evidence of deed to

land sold for taxes, 448, 453

PRIMARY SCHOOLS, (See Schools.)

PRINCIPAL, in bail bond, 81, 82, 196

May be arrested by bail, 82

Death of, to discharge bail, 83

Imprisonment to discharge bail, 83
Discharge of, under insolvent laws,

to exonerate bail, 83

Who punished as, 152
May have writ of habeas corpus to

bring out principal, 274
Property of, part to be taken,

their securities, 399
In bond, &c. security of, how re-
leased, 494
Judgment against, in behalf cf se-
curity, 494
Not to be distressed by securi-
ties, 494

PRINTER, PUBLIC, how elected, 35
To publish estray notices, 229, 231

To give bond to the Governor, 422

To have all public work, 422
To receive copy, &c. of clerks of

General Assembly, 422
To receive copies of laws to

print, 422

In what time to print laws, 423
His accounts to be examined, 423, 424

To report to the legislature, 424

Publishing tax list, duty of, 445
Fees for advertising sales of lands

for taxes, 453

PRINTING AND BINDING, Chap-
ter 84, 422

PRINTING to be given to public prin-
ter, 422
Superintendence of, 422

GENERAL INDEX.

717

PAGE.

PRINTING—

Prices of, 423

Accounts for, examination of, 423

Style of, regulated, 424
Failure in completing, penalty

for, 425, 471

Of the Revised Statutes, style of, 470

In what time to be done, 471

How paid for, 472

PRIOR MARRIAGE, proof of, to bas-
tardize issue, 196

PRISONER, support of, in jail, 296, 297
In jail not to have spirituous li-
quor, 297
Entitled to change of venue, 527
Application for change of venue

by one of several, 528
Rights of, on trial, 25, 38

Demanding trial, special term, 148
Inhuman treatment ot, by jailer,

punishedj 167

Punishment for rescuing, 168

Punishment for setting at liberty, 168

Conniving at escape of, 168
Suffering to be at large, warden

punished for, 168

Aiding escape of, 168, 169

Carrying tools, arms, &c. to, 168, 169
Entitled to copy of indictment

and list of jury and witnesses, 185
May be carried through any

county, 192

May be imprisoned in any county, 192

Entitled to copy of mittimus, 193
For what causes released on habeas

corpus, 270
In custody, and not tried by the

second term, to be released, 272
Not to be removed so as to delay

trial, 272
Removal of, regulations concern-

Entitled to copy of process,
PRIVATE STEALING,

272
273

160

18

PRIVILEGE, of members of Congress, 6
Of members of General Assem-

bly, 31

01 militia while in service, 36

(See Arrest.)

PROBATE OF WILLS, 536

When probate justice to grant, 536
In what county granted, 540
To vacate letters of administra-
tion, 551
If refused, appeal may be taken, 596

PROBATE JUSTICE, may bind minor,

with his consent, 52

Duty of, as to apprentices, 53
May hear complaints of masters

and apprentices, 53

Entitled to copy of reports, 145

241, 429
249
251

286
308
325
338

397
397
426

PROBATE JUSTICE—

Fees of,

To keep fee book,
To set up table of fees,
When applying for insolvent's dis-
charge, who to act,
Not a competent juror,
May issue writs of certiorari,
Entitled to copy of laws,
To examine official bonds in his

office,
May require new bonds,
To constitute probate court,
Election of, and term of office, 426,573
To keep office at county seat, 426

Oath and official bond of, 426

Jurisdiction of, 426, 427, 428

Proceedings of, how made record

evidence, 427, 428, 586

To procure books and keep re-
cords, 427
Private seal of, sufficient, 428
To preserve complete records,

&c 428, 585

To file papers, &c. 428

To issue process, 428

Vacancy in office of, how filled, 429
To record wills and take probate

of,
May compel attendance of wit-
nesses,
To issue dedimus for non-resident

witnesses,
When a witness, how will to be

proved,
To make perfect record of all

proceedings, &c.
Penalty for failing to make re-
cord,
Entries, &c of, legalized and

made matters of record,
To retain property of estate one
year, in certain cases,

536
537

537
537
585
585
586
598

PROBATE COURT, Chapter 85, 426
To take bond, to support bastard, 86
Costs in appeals from, 128
May appoint guardians, 265
May require guardians to account, 267
May remove guardians and ap-
point anew, 266
May require additional security

of guardians, 266
Decisions subject to appeal, 267
To hear applications for insol-
vent's discharge, 282
To require schedule of debtor's '

effects, 283

To administer oath to debtor, 283
May continue examination of

debtor, 283
May appoint assignee, 283
May discharge, on report of as-
signee, 283
To try question of fraud, 284
May imprison debtor, 284
Fees of jurors in, 311

718

GENERAL INDEX.

PAGE.

PROBATE COURT—

Establishment of, 426

Sittings of, 427

To have a seal, 427

To try questions of law and fact, 427
Appeals, &e. from decisions of, 427,429
Have jurisdiction of suits, against

executors, &c. 428
Parties in trials in, entitled to jury, 429
To grant letters testamentary, 537
When to admit proof of handwri-
ting of witness, 538
To cite heirs, &c. to attend proof

of nuncupative will, 539
May revoke wills, 539, 540
May appoint administrator to col-
lect estate, 543
When to commit administration

to public administrator, 548
To take bond of public adminis-
trators, 548
Appraisement bill to be filed in, 554
To allow fees to appraisers, 555
May revoke letters testamentary

and or administration, 543, 552, 556
To appoint day for settlement of

accounts, 556
May fix compensation of clerks

and criers, 557

Bill of sale to he returned to, 557

May coerce sales of real estate, 560
Account against estate to be filed

in, 561

May enter and class demands, 562
May attach delinquent executors

or administrator, 562

May order payment of legacies, 563

May order legatees to refund, 563
May order real estate to be leased

or mortgaged, 564
Appeals allowed from, 564, 596
May attach and punish for con-
tempts, 564
May require sheriff to attend, &c, 564
To tax and allow sheriff's fees, 564
Duties of, not changed by repeal

&c, 565
To set apart widow's separate es-
tate, 546, 597, 598

PDOCEDENDO, (See Practice, Supreme
Court. )

PROCEEDINGS, of Congress, to be pub-
lished, under what restrictions, 9

Rules of, each House of Congress
to determine, 18

Each House to keep journal of, and
publish, 18

Each House of General Assembly
to keep and publish journal of, 31

In attachment, when dismissed,
&c, 70

Setting aside, &c, out of term, 419

PROCESS, of law, citizen not to be de-
prived of life, &c, without, 25

PAGE .

process-
To serve in name of people, &c.,

36, 134
When not served after plea in
abatement, cause, how to pro-
ceed, 44
Of sci. fa. to bring in party not

joined, 45

Served, 46, 134

Not vitiated by misprision, 48

Amendment of, 48

Persons concerned in execution of,

not to be bail, 80

Issued on affidavit to hold to bail, 81
In chancery, service of, 94, 200

Alias and pluries, 94

Against unknown parties, 98, 201

Execution of, in towns, 114

Against counties, service of, 132

County courts may issue, 133

May compel obedience to, 134

From supreme court, how issued,
tested, sealed, signed, executed
and returned, 143

From circuit court, issue, teste,

seal, signing and return of, 147

Issued to special terms, valid, 149

Issuable to any county in the State,

149, 196
In behalf of State, how issued,

&c, 150

Obstructing execution of, 168

In criminal cases, 183, 184

In petitions for assignment of dow-
er, 200
Against persons driving off stock, 203
Prisoner entitled to copy of, 273
Parties, by consent, may try suit

without, 321

How served when evaded, 327

First, to be summons, 413

How tested, signed, sealed, &c, 413
Return of, 413

Executed in other counties, may be

returned by mail, 413

Penalty for not returning, 413

From probate court, 427, 428

For sale of lands for taxes, 446

Justice to issue, in trying right of

property, 475

Sheriffs and coroners to serve, 515

From probate court, sheriff to ex-
ecute, 564
Of Cook county court, 574, 575
Of Jo Daviess county court, 577
In forcible entry and detainer, 582

PROCHIUR AMI, minor may sue by, 267
To give bond for costs, 267

(See Guardians, Infants, Minors.")

PRO CONFESSO, (See Chancery.)

PROFITS and rents, judgment for, 209

Party having title, &c, not liable
for, 211

PROHIBITION, costs upon,

127

GENERAL INDEX.

719

PROMISES, for unlawful bank notes

void, 84

Justices have jurisdiction in ac-
tions on, 316

PROMISSORY NOTES, forging, pun-
ishment for, 164
Passing forged, 164
Having in possession with intent, 164
Circulating in lieu of money, 175
Negotiable, 384
(See Negotiable Instruments.)

PROOF, inventories, &c3 of estates may

be used as, 555

Of claims against eslate, 556

Relative to necessity of selling re-
al estate, 556
Of claims against estate, 561
Of claims against estate by oath of

party, 561

In prosecutions for adultery and

fornication, 173

Of marriage, 197

Of right of possession, may au-
thorize a recovery, 213
Of assignment of note, &c, when

required, 421

Contained in collector's deed, 448

Of wills, 536, 537

Of handwriting of witness to wills, 537
Of wills in other States, 537

Of nuncupative wills, 537

Of will by legatee, 539

Of revocation of will, 539, 540

Of death of intestate, 547

Burden of, as to sufficiency of bail

bond, 82

Of service of bill on non-resident

defendant, 94

| Of execution of deeds, 107

Imperfect deeds, what, 109

Of signature of dead witness to

dee^d, 110

Requisite in trials for forging bank
notes,, 165

PROPERTY, of U. S., Congress may

make rules regulating, 23

Private, not to be taken for public

uses without compensation, 25

Taken in attachment, sale of, 60

What may be taken, and when,

64, 306
In hands of garnishee, 66

Right of, trial of, 68, 69, 321, 474

Perishable, to be sold, 68

Avails of, in attachments, how di-
vided, 69
When restored to defendant, 70
Mortgage of, 91, 92
Penalty for selling when mortga-
ged,
Discovery of, by bill in chancery,
Of defunct corporations,
Stolen, to be restored to owner,

92

97

119

161

PAGE.

PROPERTY—

Public, punishment for embez-

zli»g, 161

Fraudulent sale of, how punished, 178
Of convict, bound by judgment, 1S6
Of interest in lands necessary in

actions of ejectment, 205

Of insolvent debtor, sale of, 284, 285
Exempt from execution,

286, 306, 329, 331, 335
Held jointly, injuries to, 299

What to be last taken in execu-
tion, 301
Taken in execution, to be divided, 302
Of security in delivery bond, liable,

306, 326
Exempt from execution, penally

for taking, 306

When bound by justice's execution, 326
Mode of taking and selling for rent, 334
Of another, not to be taken for

rent, 334

Tender of, agreeably to note, &c, 386
If perishable, how preserved, af-
ter tender, 386
Of principal in official bond, to be

first taken, 399

Liable to taxation, 436

What real, what personal, 436

Exempt from taxation, 437

Omitted, may be taxed, in subse-
quent year, 440
Of person found dead, custody of, 518
Sale of, by warehousemen, for

charges, 530

Reserved to widow, 546, 555, 597

Of estates, inventory of, &c, 554

Of estate, not to be removed out

of State, 556

Of estate, right of children in, 598

Of estate, to be withheld from dis-
tribution one year, in certain
cases,

598

for

PROSECUTING ATTORNEY,

Cook county court, 576

For Jo Daviess county court, 578

(See attorney General, Circuit Mtorneys.)

PROSECUTION, of suits in behalf of
counties,
Costs of, how paid,

PROSECUTIONS, commencement and

conclusion of,
In which justices of the peace

have jurisdiction,
Not affected by repeal, &c,
Of trespasses by overseers of the

poor,

133

186

36

315
473

526

PROSECUTOR, name of, to be indorsed

on certain indictments, 184

When liable for costs, 184, 331, 579
May be a witness, though liable

for costs, 185

To be recognized to appear, 191

720

GENERAL INDEX.

PROSTITUTE, mother being, not to

■ bind child, 52

PRO T _.MP0RE, county clerk appoint-
ed, 131

PROTEST, members of either house of
General Assembly, against its
acts, 31

Of bills of exchange, notes, &c,

3»4, 385

PUBLIC ADMINISTRATOR, (See
Administrator.)

PROVISIONS, unwholesome, selling, 175
PUBLIC ARMS, (See Militia, Arms.)
PUBLIC BUILDINGS, county courts

to erect,
Of State, liow preserved, &c.

132

492

PUBLICATION, of revised statutes, ar-
rangement of, 470
Of slanderous words, 521
As to defendants in partition, 400
Of notice of sales of lands, for

taxes, 444
Of notice of sales of forfeited

lands, 449

Of abuse, for not fighting a duel, 172

Of result of choice of electors, &c, 214

Of intentions of marriage, 354

Of notice in attachments, 65

Of notice of motion against bail, 83

In chancery, 94, 200
Of notice as to unknown defend-

, ants, -08, 201

Of town ordinances, ten days, 113

Of fiscal concerns of county, 139

PUBLIC DEBTORS, original jurisdic-
tion of supreme court, in suits
against, 144

PUBLIC DEFAULTER, prosecution

of, 150

PUBLIC DOCUMENTS, (See Laws,
Distribution, Authentication, Re-
cords.)

PUBLIC HIGHWAYS, (See Roads.)
PUBLIC INSTRUCTION, (See Schools.)

PUBLIC LANDS, contracts for sale of,

possession of, &c, suits on, 617

(See Lands, Contracts.)

PUBLIC MILLS, what deemed, 380

PUBLIC MONEY, treasurer to receive, 79
Embezzling, 138

(See Treasury, Money, Funds.)

PUBLIC OFFICES, incidental expen-
ses of, 238
Furniture, stationery, &c, for, 491, 492

PUBLIC PRINTER, how elected, 35

PUBLIC PROPERTY, care of, 492

PUBLIC REVENUE, offences respect-
ing prosecution of, 150
(See Revenue.)

PUBLIC USE, lands given in towns for, 115

PUBLIC WORKS, right of way for,

how obtained, 477

PUBLIC WORSHIP, (See Worship,
Religious Societies.)

PUBLISHER of abuse. &c, required to

certify, 172

Of libel, how punished, 172

PUNISHMENT, cruel and unusual, not

to be inflicted, 26

For passing spurious notes as mo-
ney, 84
, Of death, how inflicted, 181
In penitentiary, jury to fix term of, 182
When court may fix, 182
(See Penalty.)

PURCHASE MONEY, recovery of, not

affected by right of dower, 198

Of land, how proved, 232

To take precedence of dower,
(See Dower.)

PURCHASER, under imperfect title,

rights of, 104

With possession and color of ti-
tle, 104
Of lands sold for taxes, 445
Of lands sold for taxes, to have

certificate, 447

Of lands sold in error, may recov-
er, 450
By receiving redemption money

releases land, 450

By permitting second sale, loses

benefit of the first, 451

Not paying his bid, to be sued, ;500
To have certificate of purchase, 500
When to have patent, 501

Of canal lands, right of, 590

PURSUIT, of property,
Of offenders,

64
190, 192

GENERAL INDEX.

721

a.

QUALIFICATION of members, each
house of congress to be judge

of, 18

Of voters at general elections, 217

Of members of general assembly, 31

Each house to be judge of, 31
Of voters at first election under

constitution, 40

Of voters in incorporated towns, 111

Of school teachers, 498

Of sc.iool trustees, 503

QUARTERING SOLDIERS, when for-
bidden, 25

QUARTERMASTER, appointment of, 357
(See Militia.)

QUASHING attachment, 59,60

Indictment, 181

Proceedings out of term, 419

QUIETUSES, auditor to issue, 79,516

QUI TAM actions, security for costs re-
quired in, 126

QUIT CLAIM, (See Conveyances, Deeds.)

QUORUM, of each house of congress, 18
Of each house of general assem-
bly, 31
Of board of town officers ; 113
Of county court, 133
Of supreme court, 142

QUO WARRANTO, Chapter 86, 429

Writs, &c. of, may be amended, 51
Information, in nature of, when

granted, 429
Proceedings on, 430
Judgment in, 430
Appeals and writs of error al-
lowed, 430

RACING, of carriages on public roads, 480
Of steamboats, 522

RAFTS, found adrift, taking up,

RAILROAD FUNDS, embezzling,

RANDOLPH COUNTY, ancient records

RAPE, definition of,

Who may be punished for,

46

230
161

432

158
158

RAPE—

Punishment for commission of.
Offence complete without etnis
sion,

PAGK.

158
158

RATES, of toll, how fixed, 253

Of inspections, how fixed, 288

RATIFICATION, of State constitution, 41
READ, apprentice to be taught to, 53

REAL ACTIONS, (See Actions, Practice.)

of

105

105

convey-

105, 106
when to be

108

concernnu

REAL ESTATE, account of profits in, 45

Actions of account respecting, 40'

Of aliens, how acquired and dis-
posed of, 47, 48

Decree to be lien on, 98

Conveyances of, &c, 102, 105

Rights in, enumerated, 103

Prisoners, concerning rights, &c,
in, 10-1

Conveyances of, by married wo-
men,

Acknowledgements
ances of,

Deeds concerning,
recorded,

Powers of attorney
to be recorded, &c.

Of counties, who may convey,

Term of, what included in,

Trustees of academies may con
vey, &c,

Religious societies may acquire,

Provisions concerning,

Fraudulent sales of,

Replevy bond a lien on

Right of dower in,

Ot ward may be sold,

Lien of judgment on,

Definition of term of,

Lands sold by certificate consid
ered,

What to be last sold,

Division of, for selling,

Manner of selling.

Certificate of sale to be given,

Sold on execution, may be re-
deemed, 302, 303

Conveyed by sheriff's deed, title

t0>
Sales of, by virtue of mortgage,

Sales of, under decree, redeem-
able,
Sold on execution, executors, &c,

may bid off,
Transcript from justice's docket

may bind, 323, 326

Partition of, 399

Sold for taxes, how redeemed, 447

Trustees of schools may purchase, 506
Title to, varied in actions for cut-
ting trees,
Sale of, under will,
Sale of, to pay debts of estate,
Manner of selling by executor or
administrator,

108
108
110

118
120
121

178

187
198, 199

267
300, 326

301

301
301
302

302
302

304
304

305
308

525
556
558

559

722

GENERAL INDEX.

REAL ESTATE—

Sale of, may be coeiced by probate
court, 560

To be sold, when personal pro-
perly is insufficient, 562

May be mortgaged or leased by
executors or guardians, 564

REAL PLAINTIFF, suit to be brought

in name of, 45, 205

REAL PROPERTY, definition of, for
revenue purposes,

436

RECEIPTS and expenditures of State,

statement of to be published, 32

And expenditures of counties,

statement of, to be published, 138
Of redemption money, to be a re-
lease, 450

RECEIVING stolen goods, punishment of, 161
Servant, apprentice, &c, 180

RECOGNIZANCES, in bastardy, 85

In criminal cases, 183
On replevy of judgment for fine

and costs, 187
Of witnesses to appear and pros-
ecute, 191,529
Of fugitives, when forfeited, 262
Of party claiming title to land, 526
When forfeited for want of pros-
ecution, 526
In Cook county, may be returna-
ble to Cook county court, 575
In Jo Daviess county, 577
"When justices of the peace may
take, 581

RECORDERS AND RECORDS,
Chapter 87,

431

RECORDERS, election of, 431, 573

To have fire proof office, 136

Removable for malfeasance in

office, 170

Fees of, 136,248

Certificates of sale of lands on ex-
ecution to be filed with, 302
To file sheriff's certificate of at-
tachment or levy, 305
01 county electi' i , and term of, 431, 573
To be commissioned,
Bond and oiAb, 431,432,587
Contested elections, 431
To keep offices at county seats, 43i
To keep books ol record, 432
How to keep records, 432
Refusing to deliver books, &.C., 432
Remedy for improper seizure of

records, <&c , 433

May have records, &c, restored, 433
Entitled to copies of the laws, 338

May have deputies, 587

RECORDS, books for, to be procured, 432
How to be kept, 432, 573

RECORDS—

Ancient, in Randolph county, how

authenticated, 432

Reiusai to deliver to successor, &c, 432
Unlawfully withheld, how taken, 432
Proceedings in claim to, 433 ■

When to be restored, 433

Of county commissioners' court
to be evidence in proceedings
against delinquent lands, 448

Evidence of, copied on military

tract, ' §87

Of otiier States, how made evi-
dence, 624
Acts and judicial proceedings, to

be audited, 23

Not vitia'ed ny misprision, 48

May o,' amended, 48

Forging, altering, <fcc, 163

Eal ifying, stealing, &c, 167

RECORD, of warrants, to be kept by Au-
ditor, 78
Of births and deaths to be kept, 67
Of deeds, execut d under decrees, 98
Leeds, when entitled to, 106
Oi d< i ds, in what county, 108
L'. e s. ..vc. to take effect when

leu for, ' 108

In proceedings for perfecting title, 110
Discharge oi mortgage from, 110

Of town plats, 115

Of elecion of trustees of academy

to bt made, 117

Conn of, county commissioners

to constitute, 130

Clerk ol circuit court to keep, 147

Clerk of supreme court to keep, 144
Of i o \ ction, not evidence in civil

action, 181

ISot to be complete unless ordered,

250, 581
Of names of justices and consta-
ble itn be kept, 315
To be kept by justices of the

peace, 316

Of notary to be evidence, 392

To be made of examination of offi-
cial bold, 31. 7
Copy of, to be filed on appeal, 420
Probate justice to keep, 426, 585, 586
Of sales of land for taxes, clerk

to keep, 446

Of wills, 536, 539, 540

Of town lots, when surveyed, 606

RECOVERY, light of, must exist, in eject-
ment, " 205
Of p< . .Ities for violating habeas
corf law, not to bar suit for
damages, 274

REDEMPTION, of lands sold on execu-
tion, 302, 303
Of lands sold under decree, 305
Of property seized for rent, 335
Of lands sold for taxes, 447
Of lands forfeited to State, 448

GENERAL INDEX.

723

REDEMPTION—

Money, receipt of, to release land, 450
What taxes payable at time of, 589

Of canal lands sold for taxes, 590, 591

REFEREES, (See Arbitrators)

REFERENCE, entry of, made, 58

(See Arbitrations.)

REFUSING to plead, 185
To surrender property by debtor,

trial for, 285

To receive or arrest a prisoner, 169

REGIMENTS, (See Militia,)

REGISTER, of acts of executive, secre-
tary to keep, 491

Of commissions issued, to be kept
by Secretary of State, 492

Of canal bonds, 601, 609

REGULATIONS, as to the use of the ca-
nal, 612

RE-HEARING, (See Practice, New
Trial.)

REJOINDER, may be several, 415

RELATIVES, when to have administra-
tion, 547
Obligations of, to support each
other, 402

RELEASE of lands sold for taxes, 450
Of securities, (See Securities,

Bonds, Bail.)

Of mortgage from record, 110

Of fugitive from justice, 262

Of security on official bond, 397, 398

Of errors, 417

RELIGION, free exercise of, guaranteed,

14, 25, 37, 38, 177

RELIGIOUS MEETINGS, disturbance

of,. 177

RELIGIOUS SOCIETIES— Division 3,

of Chapter 25, ' 120

Lands of, exempt from certain pro-
visions, 104

May receive donations of real es-
tate, 120

May erect buildings, &c, 120

May have a name and elect trus-
tees, 120

General powers and duties of trus-
tees, 120

Dissolution of, 121

Property granted to revert to gran-
tor, on dissolution of, 121

Failure to appoint trustees not to
forfeit rights, 121

RELIGIOUS SOCIETIES—

Provisions concerning real estate

formerly acquired, ]21

Marriages celebrated according to

customs of, 353

Members of, when exempt from

militia duty, 364

Penalty for cutting timber on lands

of, 526

Use of lots by, on canal lands, 604

Lands of, exempt from taxation,

614, 615

RELIGIOUS tests, not to be required, 3

RELINQUISHMENT of .tower, 305

(See Dower, Wills.)

RELOCATION, of State road, 186, 487

REMAINDER, to posthumous child, 105

REMEDY, on bail bond in detinue, 196

REMOVAL, of apprentice out of State, 54
Proceedings to prevent, 55
Of clerk of supreme court, 144
Of reporter of supreme court, 145
Of officers for malfeasance in office, 170
Of prisoners, provisions concern-
ing, 272
Of paupers to their own county, 404
Of property of decedent from
State, 556
(See Vacancies, Jttachment,
Property,)

RENTS and profits, judgment for, in

ejectment, 209

And profits, how recovered, 209

When party in possession, not lia-
ble for, 211

RENT, what property exempt from dis-
tress for, 306
Claims for, may be tried before

justices, 316
Tenants, holding without agree-
ment to pay, 333
Mode of levying, distress for, 334
What property not liable for, 335
Limitation of action for, 349

RENUNCIATION, of provisions of will,

by widow, 199

Effect of, when authenticated and
filed, 199

REPEAL, of laws respecting corporate

towns, 114

Of laws respecting revenue, 453

Of law3 by revised statutes, 455 to 470
Of repealing act, not to revive act

repealed by it, 472

Of laws concerning schools, 512

Of letters of administration, 552, 553

724

GENERAL INDEX.

REPLEVIN, Chapter 88,
Costs in,

Limitation of actions of,
Securities of delinquent officer

may bring for books, &c,
Action of, when may lie,
When defendant cannot have ac-
tion of,
What property may be taken in,
Who entitled to writ of,
Affidavit to be filed,
Bond to be given in,
Proceedings commenced by plaint,
Nature of judgment in action of,
Bond, when suit brought on,
Rights and liabilities of sheriff in,
Avowry and cognizance in,
Action of, may survive for and
against executors and adminis-
trators,

433
127
348

398
433

433
433
433
434
434
434
434
434
434
434

563

REPLEVY, of property, 68, 476

Of judgment for fines and costs, 187
Of judgment, to stay imprisonment

and execution, 187

Of fee bill by party aggrieved, 249

Of property taken for rent, 335

REPLICATION, in chancery, 96
Shall be general, with advantages

of special, 96

When filed, 96

Notice of filing of, 96

May be several, 415

(See Pleading, Practice.)

REPORT, of auditors, in matters of ac-
count, 46
Arbitrators compelled to make, 57
Auditor to make, to General As-
sembly, 79
Treasurer to make, to General As-
sembly, 79
Treasurer to make, to Auditor, 79
Of census commissioners, 90
Of county treasurer, 138
Of imperfections of criminal code, lbl
Of commissioners to assign do we r,

202,211
Of collector, concerning delin-
quent lands, 444, 445, 446
Of secretary of State, to General

Assembly, 491

REPORTER, of supreme court, appoint-
ment of, 145
0»th of, 145
May be removed for cause, 145
To deliver printed report! to sec-
retary of State, 145

REPORTS, of auditor and treasurer, to

be printed with laws, 79, 339

Of supreme court, delivery of to

secretary of State, 145

How distributed and paid for, 145, 146

PAGE.

REPORTS—

Of decisions in U. S. and State

courts, evidence, 232

Of General Assembly, printing of, 423

Number of, to be printed, 423

Binding of, 425

REPRESENTATION, right of, secured

in N. W. territory, 14

REPRESENTATIVES, in General As-
sembly of N. W. territory, their
qualifications and election, 12

Their term of office, vacancies,

how filled, 13

In Congress, and direct taxes, how

apportioned, 17

'f " vacancies in their of-
fice, how filled, 17
" " times, places, and
manner of election
« « of, 17, 215
" « how fixed, 18
" tC compensation of, 18
'•' " privilege of, 18
Bills for raising revenue, to origi-
nate in House of, 19
In Congress, election of, 101, 213
In General Assembly, qualifica-
tions of, 31
Number of, and how apportioned, 31. 40
Right of people to instruct, 39
Legal, to become parties to suits
in chancery, 97

REPUBLICAN, form of government,

guaranteed to the States, 23

REPUTED NAMES, of joint debtors

in attachment, 62, 65

Father of bastard, trial of,, 85

" " on conviction,

how dealt

with, 86

" . " discharge of, 8§

RE-SALE, of land for taxei , avoids first

sale, 451

RESCUE, of prisoner, punishment for,

168, 169

RESIDENCE, of parties, in divoree ca-
ses, 197
Of paupers, how defined, 404
Of person makinj will, 540

RESIDENT PLAINTIFF, when to

give security for costs, 126

Witnesses, deposition of, how
taken, 234

RESIDUARY LEGATEE, may have

action of account, 563

RESIGNATION, of administrator, 543

Of justice of supreme court, 143

Of justices and constables, 315

Of officer of the militia, 359

GENERAL INDEX.

725

RESISTING OFFICER, person killed

in act of, 156
How punished, 167, 168

RESOLUTION, declaring admission of

Illinois, 42

RESTITUTION, of stolen goods to the

owner, 161

RESULTING TRUST, need not be in

writing, 259

RETAILER, of liquor, harboring ser-
vant, &c, ISO

RETAKING, of prisoner, citizens to

aid in, 176

RE-TAXATION, of costs, 129

RETURN, to writ ot attachment, 59

May be amended, 59

Of delivery bond, 61

To writ of attachment, 64

• Of bail bond, 81
To execution, against principal,

before suit against bail, 83

Of census, 90
Of census, to be filed in secretary's

office, 91
Of number of militia, to be filed

in office of adjutant general, 91
And report made to secretary of

war, 91
Of summons in chancery, 94
Of process, 143, 413, 419
Of recognizance of bail, 184
Insufficient, in actions of detinue, 195
Of commissioners appointed to as-
sign dower, 202
Of elections, how made, 214
Of elections, how opened and can-
vassed, 214, 218
Of votes at general election, 218
Of votes at general elections,

when opened, 219, 220

Messengers, when to be sent for, 220

Of fee bills, 250

Of writ of habeas corpus, 270

Of execution, 301

Of sci. fa., to foreclose, 305

To writ of mandamus, 351.

Of militia elections, _ 360

To writ of ne exeat, 382

Of writ of injunction, 382

Of process, by mail, 413

Of process, how compelled, 414

To execution, clerk to enter, 419

To summons in replevin, 434

Of road supervisor, 482

REVENUE, Chapter 89, 435
Bills for raising; to originate in

House of Representatives, 19, 33
Senate may offer amendments, 19, 33

REVENUE—

Of counties, how levied, 133, 438

Suits respecting, prosecution of, 150
Suits to recover, within amend-
ments and jeofails, 51
Embezzling, punishment, 161
To be raised by taxation, 436
What funds to be collected in, 438, 443
Lien to secure, 438
Minimum value of lands, for reve-
nue purposes, 438
Sheriffs to be collectors, ex officio, 441
Collection and payment of,

442, 443, 447
Ten per cent, penalty for neglect-
ing to pay, 451
Fees of officers, employed m col-
lecting, 452
Former acts concerning, repealed, 453
Already levied, to be collected un-
der former laws, 453
Act concerning, 538
Act fot relief of delinquent col-
lectors of, 588
Of canal lands, 590, 591
Section 80, of original revenue
law. repealed and omitted, in
chapter 89, 585

REVERSAL, of judgment of justice,

costs on, 128

Of judgment of supreme court,
costs on, 128

Of judgment in writ of certiorari,
costs on, 326

REVERSION, of estates of religious so-
cieties, 121
Of canal property to the State, 511,513

REVISED STATUTES, Chapter 90, 454
Enumeration of chapters compos-
ing, 45-1, 455
To be published in one volume, 455
List of acts repealed by, 455 to 470
All laws contravening, &c. repeal-
ed,
What laws to be published with,
Ten thousand copies of, to be

printed,
Declaration of independence, &c,

to be published with,
Arrangement of publication of,
Superintendent of publication of,
Style of printing and binding of,

470, 471
Errors, &c, may be corrected, 471

Printingand binding of, 471

How to be certified, 471,585

Distribution of, 472

Effect of laws published with, 472

It chapters of, contravene, which

shall prevail, 472

If sections contravene, the last

prevails, 472

Definition and force of words, Sec,

found in, 472

When to go into effect, 473

470

470

470

470
470
470

72G

GENERAL INDEX.

PAGE.

REVISED STATUTES—

Proceedings to conform to, 473

Rights, obligations and penalties

purviewed, 473

Acts of last session to be included

in, 473

Appendix to, 569

Superintendent to copy and certi-
fy, 585
To be deemed one act, &c, 591
Certificate of publication of, 618

REVISION, Council of, how constituted, 34

REVIVAL, of suits, after death of par-
ties, 97, 98
Of judgments by sci. fa., 349

REVOCATION, of will, how effected,

530, 540
Of letters of administration, 543,552,556
Of letters testamentary, 552,556

Of power of attorney, 108

REWARDS, for arrest of fugitives, 263, 388
For arrest of horse-thieves, 574

RIGHT, actions of, 213

Of possession, to be shown in

ejectment, 207, 213

Of dower, mode of relinquish-
ment, 105, 106, 107
Petition of, 25
(See Actions, Ejectment, Lim-
itations.)

RIGHT OF PROPERTY, Chapter 91, 474

Trial of, before justices of the peace, 321
" notice to be given by

claimant, 475

" constable to notify plain-
tiff, 475
" duties of constable and

justice, 475

" justice to issue process and

swear witnesses, 475, 476
" judgment, execution and

appeal, 476

" defendant in execution,

not to be a witness, 476

" appeal to be supersedeas, 476
u plaintiff, if non-resident,

not to have notice, 476

" jury to be 3ix, unless oth-
erwise agreed, 476
Trial of, before sheriff, 474
« sheriff to be notified, 474
" jury of twelve to be called, 474
'•' sheriff to notify plaintiff, 474
" trial, swearing witnesses,

&c, 474, 475

" attendance of jurors and

witnesses, 475

" verdict and restoration of

property, 475

" costs, how collected, 475

" . appeals and trial of, 475

RICH- <->*' -ROPERTY—

+ na. of, verdict to indemnify offi-
cer, unless, &c, 475
" property, how disposed of, 475

RIGHT OF WAY, Chapter 92, over

common fields, 279

For use of canals, public roads,
fee, 477,488,489

Damages for, how assessed, and
paid, 477, 488, 489

Report respecting, and appeal,

478,488,489

Jury may assess damages, of grant-
ing, 479

RIGHTS, secured in north-west territo-
ry, 14
Not enumerated in constitution,

retained by the people, 26

Of aliens, 47, 48

Of action in counties, 132

Of unknown parties, 98, 201

Not affected by repeal of former

laws, 473

Of conscience, secured, 177

RIOT, definition and punishment of, 171,389

RIVERS, regulation of boats on,
Obstructing,

522
175

ROADS, Chapter 93, 479

County courts have jurisdiction

over, 133

Obstructing, 175

Cumberland road, 194, 195

Location, &.c, of, to be petitioned

for, 411,592

Right of way for, 477

Materials for, how procured, 478

Penalty for throw ing down fences,

&c, across, 478

Rules of. as to travellers, carriages,

&c, ' _ 480

What declared to be public high-
ways, 481
County commissioners have super-
intendence of, 481, 592
Districts, overseers of, 481
To be kept in repair, 482
Penalty for obstructing, 482
Penalty for injuring materials for, 483
New, iaying out of, 483, 486, 487, 592
New, how petitioned for, 483, 487, 592
Deposit of money to pay cost of

view, 483, 487, 592

Petitioners to work one dav on,

483, 487
Viewers of, to be appointed, 483. 487
Location of, 483^ 487

Discontinuance of. 483

Notice of vacation of, to be given, 484
Supervisors to have notice of loca-
tion of, 484

GENERAL INDEX.

727

PAGE.

ROADS—

For Carls, laid out,
" " petition for, &c,

notice of application
for,

" " not to pass through gar-
dens, &c,
" " damages,
County Court, to apportion labor

484
484

484

454

484

485
(* " to levy road tax lor,

485, 591
Lists of taxes to be given to sher-
iff, 485, 592
Duty of clerk and sheriff, en-
forced, 485, 592
Laborers on, notified, 485, 591, 592
Labor on, 48b, 591, 592
Laborer neglecting or refusing to

labor on, 485,592

Tax list discharged in labor, 485, 592
Idleness, turbulence, by laborers

on, 485, 486, 592

Supervisors to sue for delinquent

tax, 486

By what time tax to be collected. 486
Tax, how collected, 486, 592

486
486
487
487
487
487
488

488

488
4S8

489

489
592
593
594

27

160
176

RULES, of proceedings, each house of

congress to determine, 18

Of practice, supreme court may

prescribe, 143, 146

Of evidence of the common law, 186
Of general assembly, may be dis-
pensed with, 32
Of court of chancery, 93, 95
Of construction, adopted in Re-
vised Statutes, 473
Of practice in Cook county court,

574, 575
Of practice in Jo Daviess county

court, 577

Supervisors to hire teams, &C,
Power of county court over,
Plats of, to be recorded,
Survey of,
Width of,

Viewers of, to be sworn,
Supervisors, to report laborer,
Supervisors of, exempt from mili-
tia duty.
Viewers of, their compensation,
— in ■ Supervisor, may procure timber,
stone, &c,
Right of way of,
Supervisors, may sue for road la-
bor, 489,592
Sup°rvisors, liable for neglect,

fee., 489, 592

Supervisors, list of, to be furnish-
ed grand jury,
Compensation of sheriffs and

clerks for road duty,
Compensation of supervisors,
Fords across streams considered,
Who exempt from labor on,
Proceeds of sales of public lands,
live per cent, appropriated for,
Kept in repair by incorporated

towns, 112,114

Taxes levied therefor, 112

ROBBERY, definition and punishment
of,
Of graves, punishment for,

ROLL, of attorneys, to be kept, 73

Attorneys may be stricken from, 74

ROUTS, definition and punishment of,

171, 389

RULE, on sheriff to return bond in at-
tachment,
On attorney to pay over money,
For costs,

To plead in ejectment,
On sheriff to return fee bills,
Of descents and distribution to fol-
low the civil law,
(See Practice.)

RUNAWAY, slaves and servants, how
dealt with,
Reward for taking up,

RUNNING, horses on the highway,

8.

65

73

126

206
250

545

388
388

480

SABBATH, violation of punishable.

Jurisdiction of justices over offen-
ces relative to,
Trials of such orf'ences may be by

Jury> . . v

(See Religious Societies.)

SALARIES, of State officers, payable

quarterly,
Of justices of State courts,

3fi, 146, 238,
Of justices not to be diminished,

&c,
Of teachers in academies,
Of President,

Of Govemor, 32, 33,

Of secretary of State, 32,

Of the auditor,
Of the State tree surer,
Attorney general,
Circuit attorneys,
Adjutant general,
Of judge of Cook county court,
Of Jo Daviess county court,

SALE, of lands for taxes, costs on, 453

Erroneous, how corrected, 453

Of school lands, 498, 499, 500

Of school lands, certificate of, 500

177
177
177

238

584

36

118

21

237
237
237
237
238
238
238
576
578

728

GENERAL INDEX.

SALE-

Of unclaimed property by ware-
housemen, 530
Of real estate under will, 556
By surviving executor, &c, 2;ood, 556
Of personal property by executor,

&c. , 557

At what time to be, 557

Bill of, to be filed, 557

Of real estate to pay debts of de-
cedent, 558
Of real estate to pay debts, how

conducted, 559

Penalty for illegal, 559

Of real estate may be coerced, 560

Of lands, by late collectors, for

taxes. 588

Of canal lands, for taxes, 590, 611

Of claims due to estates, 595

Of canal lands by commissioners,

604,610
Of public lands, contracts for sale

of, possession of, &,c, 617

Of property taken in attachment, 60
Of property once mortgaged, pro-
vision respecting, 92
Under decree of court, conditions

of, ■ 98

Of trust property, J 00

Of property of convicts, 187

Of real estate of wards, 267

Of property of insolvent, 284, 285

Of lands taken in execution, how

conducted, 302

Not invalid for want of notice, 302

Of real estate on execution, certi-
ficate of, given, 302
Duplicate certificate to be filed,

and become evidence, 302

Of lands on judgment by sci. fa., 404
Of lands under decree, 405

Of personal property, iotice of, 306
When not vitiated, by reversal of

judgment on certiorari, 326

Of property, to satisfy mechanics'

lien, 348

Of lands on application for parti-
tion, 401
Of personal property for taxes, 442
Of delinquent lands for taxes,

444, 445, 446
Of delinquent lands for taxes, or-
der for, 446
Of land for taxes, county commis-
sioners' clerk to attend, 446
Of land for taxes, purchaser to

have certificate of, 447

Of land for taxes, clerks and col-
lectors not to be interested in, 447
For taxes, good, though in wrong

name, 448

Of unredeemed forfeited 'ands, 449

Of land for taxes, second to in-
validate the first, 451
Collector punished for not attend-
in-, 451

SALTPETRE CAVES, Chapter 94, 490
To be inclosed, so as to protect

stock, 490

Penalty for not securing, 490

SALT SPRINGS, granted to the State, 27

SAND, how procured for public work,

roads, &ic, 478

SANGAMON COUNTY, jurisdiction
of circuit court of, in State ca-
ses, 149, 150
SherilF of, to attend supreme
court, 151

SATISFACTION, of mortgage, entry of, 110
Of execution by imprisonment, 570

SCAMMON'S REPORTS, ( See iJ^or**,

ii.evisfd Statutes.)

SCHEDULE, to be filed by insolvent

debtor, 283

To state constitution, 39>

Of scholars in schools, teachers
to keep, 507

How certified by teacher and direc-
tors, 508-

To be delivered to township treas-
urer, 508

When to be kept separate, 508

SCHOOLS, Chapter 98, 495
Section sixteen of U. S. knds

granted for, 27, 496

Secretary of State superintendant

of, 497

Mode of conducting, books, &c, 497
Condition ot, to be reported to the

Governor, 497
Condition to be reported, 499
English language to be used in, 506
Regulation of, by trustees, &c, 506
Trustees to adopt by -laws respect-
ing, 506
Schedule of, to be kept by teacher, 507
What fund set apart for support, 510
Tax may be raised to support, 512
Co^ts not to be paid in suits for be-
nefit of, 512
Repeal of an act respecting, &c, 512
Rights, &c, respecting, existing

under former laws, secured, 513
Act concerning, when to take ef-
fect, 585

SCHOOL BOOKS, to be in English lan-
guage, 506
Trustees to purchase for district
libraries, 508

SCHOOL COMMISSIONER, entitled to

copy of laws, 338

To receive interest on school fund,
of collectors, 452

GENERAL INDEX.

729

PAGE.

SCHOOL COMMISSIONER—

Elected in each county once in two

years, 497

To give bond, 497

Coniests relative to elections of, 498

Vacancy in office of, how filled, 498

To sell school lands, 498, 499, 500

To loan school funds, 498, 501
To collect demands, pay moneys,

&c, 498
May be removed for violation of

duty, 498

Shall provide and keep books, 498
Shall keep records, lists of lands

and accounts, 498
Shall be ex officio county superin-

tendant, 498

His duties as superintendant, 498

iShall examine teachers. 498

Shall report to superintendant, 499
To nive purchaser certificate of

sale, 500
Shall report yearly to county com-
missioners' court, 500
Shall report sales to Auditor, 501
May give duplicate certificates, 501
May bring suit on mortgages taken, 502
May require additional Security, 502
May sue for and recover interest, 502
To keep an interest account with

townships not incorporated, 502
May purchase real estate sold for

debts due school fund, 502

Former purchasers by, legalized, 503

Power of, to make settlements, 503

Power to compromise, 503

May lease or sell lands, 503
To preserve evidence of election

ol trustees, 504
To approve bond of township trea-
surer, 505
To deliver township funds, &c, to

treasurer, 505
To apportion interest of school

fund, 509

To receive Auditor's warrants, 511
To divide money received among

townships, 511

Compensation of, 511

Punished for embezzlement, 511
Real estate of, bound for claims

against treasurer, 511
Lien on estate of, not defeated by

sale, 511

In office, to continue, 512

SCHOOL DIRECTORS, election of, 507

Official term, 507

Quorum of, 507
Have power to build houses for

schools, 507
To employ and fix salary of teach-
ers, 507
To make regulations concerning

schools, 507

To visit and superintend schools, 507

To provide fuel and furniture, 507

PAGE.

SCHOOL DIRECTORS—

To examine and certify schedules, 508

To deliver schedule to treasurer, 508
Assent of, to attendance of pupils

from other districts, 508
To furnish treasuier with list of

children, 509
Penalty for making false returns,

or none, 509
To give notice of meeting to vote

a tax, 512

In office, so to remain, 513

SCHOOL DISTRICTS, townships divi-
ded into, 506
Pupils may go from one to another, 508
When to forfeit distributive shaie, 509
Inhabitants of, may levy school

tax, 512

Laid off, so to remain, 513

SCHOOL FUND, embezzling of, 139, 161

Interest on, how fixed, 295
Interest on, how paid, 452, 510

To be loaned, 498

Books of account of, to be kept, 498

Interest on, how applied, 498

Rate of interest on, 501

Conditions of loans of, 501

Loans of, how secured, 501

Interest on, in case of default, 502
Of one district, not to be shared by

pupils from another, 508
Commissioner to apportion inter-
est of, 509
Apportionment of interest among

teachers, 509, 510

Of what moneys to consist, 510
College and seminary fund loaned

to, 510
Warrants to be drawn for inter-
est of, 510
To be divided among townships, 511
Embezzlement of, punished, 511
Costs not chargeable against, 512

SCHOOL HOUSES, trustees to erect, 506

104
108
109
496

SCHOOL LANDS, exempt from certain
provisions,
Assessment of certificate of pur-
chase of,
Assignment acknowledged by

school commissioner,
To be under care of county com-
missioners.
Trespass to, by cutting, &c, tim-
ber, 496, 497, 526
Commissioner to sell, 498
Petitions for sale of, 498, 499
List of, to be kept, 498
Sale of, 499
T o be divided for sale by trustees, 499
Terms of sale, 499
Place, time and notice of sale, 499
Not to be sold for less than valua-
tion, 500
How paid for, 500

730

GENERAL INDEX.

PAGE.

SCHOOL LANDS—

Purchaser not paying to be sued, 500
And land re-sold, 500
Not sold at auction, subject to pri-
vate entry, 500
May be re-valued, if not sold in

two years, 500
Mortgage on for the purchase

money, 500

May be leased or sold, 503
Leases of, under former laws, to

be good, 513

Already valued, to be so sold, 513

SCHOOL TAX, may be raised in dis-
tricts, 512

Mode of voting to raise, 512

Vote to be certified to county com-
missioners'clerk, 512

Clerk to apportion tax among in-
habitants, 512

How collected and paid orer, 512

SCHOOL TEACHERS, to be examined,

&c, 498, 513

Their qualifications, 498

Interest of township fund paid to, 506

Director to superintend, 507

To mike schedules, 507

How to keep schedules, 507

o certify schedules, 508

Payment to, by treasuerer, 509
Keeping incorrect schedules not

to be paid. 510

May sue trustees, 510

SCHOOL TOWNSHIP, composed of

congressional township, 503

Business of, how conducted, 503

To be laid off into districts, 506
Scholars in one may attend school

in another, 508

Incorporated, to remain so, 513

SCHOOL TRUSTEES, to divide school

lands for sale, 499

Shall make plat of school lands, 499

And fix value thereof, 499
May re-value lands, if not sold in

two years, 500

May sue for and recover interest, 502

May purchase real estate, &c, 502

Former purchases by, legalised, 503
Power of, to make settlements,

&c, 503

May make compromises, 503

May lease or sell land, 503

Election and term of, 503, 504

To be body politic, &c, 503

Qualification of, 503

Quorum of, how made, 503, 504

Shall succeed former trustees, 504

Shall meet quarterly, 504

Shall appoint a treasurer, 504
To pay over moneys collected, to

treasurer, 504

PAGE.

SCHOOL TRUSTEES—

May direct money to remain in

hands of school commissioner, 505
To take securities for township

funds, 505
To examine accounts quarterly, 506
To lay off townships into districts, 506
General duties of, 506
To apportion among teachers, 509,510
May be sued by teachers, 510
Individual property of, liable, 510
May reduce compensation of tea-
chers, 511
Punished for embezzlement, 511
Liable for treasurers, 511
And for sufficiency of treasurer's

securities, 511

Now in office to continue, 513

May examine teachers, 513

Exempt from militia duty and road

labor, 594

SCIRE FACIAS, to issue for defendants

not joined, 43, 413
When sued out, after plea in a-

batement, 45
Against garnishee, 67
Against bail forbidden, 83
Costs on, 127
Not necessary on bonds replevy-
ing judgments, 187
Respecting escheated estates and

proceedings thereon, 225
For sale of mortgaged lands, 304
Service of, to foreclose, 304
Judgment on, effect of, 305
To procure successive executions
on bonds of justices and con-
stables, 333
Judgments may be revived by, 349
To make parties to judgment, 414
Declaration not necessary in, 418
On bond to prosecute title to land, 526
On recognizances before justices, 581

SCRAWL, considered a seal,
SEALED VERDICT,

421
186

SEAL, of State, governor may use

private, instead of, 39

Auditor and Treasurer to keep, 78
Its uses, and to be evidence in

certain cases, 78
Corporate, of town, 112
Of library associations, 124
County courts to procure, 133
Judicial, county court to keep, 133
Of State, or of public officer, for-
ging of, 165
Not necessary t« warrant for of-
fender, 192
Scrawl considered a, 421
Probate co rt to have, 427, 428
Of State, secretary to keep, 491

SEALING of process,

143, 413

GENERAL INDEX.

731

SEALER, STATE, Secretary of State

to be, 533

SEALER, COUNTY, County coinmis-

misioners' clerks to be, 533

SEARCHES, and seizures unreasonable,

protection against, 25

SEARCH WARRANTS, judges and

justices may issue, 192

SEAT OF GOVERNMENT, Chap-
ter 95, 490
Of State, provisions concern-
ing, 40, 144, 490
What officers to reside at 75, 80, 144,
374,490,491
Supreme Court and General As-
sembly to sit at, 490
Ot United States, 20

SECRETARY of N. W. Territory, his

term, duties, and qualifications, 12
Of the Senate, entitled to a copy

of the laws, 338

" (t to file papers in Sec-
retary's office, 492

SECONDS, in duels, how punished, 157

SECRETARY OF STATE, Chapter 96, 491

How appointed, his duties, 35

Census returns to be filed in his
office, 91

To distribute reports of Supreme
Court, 145

To give notice of delinquencies to
Attorney General, 150

Official statement of, to be evi-
dence, 150

To be present at canvass of elec-
toral votes, 214

Duty of, as to canvassing votes
taken at general election, 220

Laws certified by, may be evi-
dence, 233

His salary and fees, 32, 237, 239

Passage of laws, how certified
by, 337

To have charge of State library, 340

His duties respecting State li-
brary, ' 340

To deliver copies of laws to pub-
lic printer, 422

To superintend printing of laws, 423

To aid in examining printing ac-
counts, 423

To contract for printing paper, 424

To advertise and contract for bin-
ding, 424

When to license hawkers and
pedlers, 437

To be keeper of the seal of the
State, 491

To keep his office at the seat of
government, 491

PAGE.

SECRETARY OF STATE—

To keep register of executive acts, 491
To report to General Assembly, 491
To procure furniture and station-
ery for General Assembly 491
To have State House and its fur-
niture repaired, 491
Not to permit public property to

be used, 491

To give copies of lavs, &c. 491

Compensation of, therefor, 491

To countersign, seal and register

commissions, 492

Laws, &c, to be deposited in of-
fice of, 492
To file and preserve papers of

General Assembly, 492

And Treasurer to preserve State

property, 492

To receive and preserve geologi-
cal specimens, &c ., 492
To keep catalogue of specimens, 492
To file memoranda, &c, 492
To report, &c, to General Assem-
bly, 492
To be superintendant of schools, 497
To seal patents for school lands, 501
To be ex officio State sealer, 533
His duties as State sealer, 532, 533
To subscribe for certain periodi-
cals, 594

SECRETING, negro or mulatto servants, 180

SECURITY, for costs in suits on official

bonds, 126

For costs, in suits on bonds of ex-
ecutors, 126
" in qui tarn actions, 126
" actions on penal statutes, 126
" required of non-resi-
dents, 126, 327
" bond for costs, 126, 327
" from residents in cer-
tain cases, 126
" liability of, 129
" State not required to

give, 180

" by persons arresting fu-

fugitives from justice, 262
Required of county commission-
ers' clerk, 131
On delivery bond, his property

liable, 306,326

Against unreasonable searches

and seizures, 25, 38

Against lost warrant, 80

Required of father of bastard, 85

Deed given as, considered a mort-
gage, 105
May have writ rf nc exeat, 381
On official bond, may release him-
self, 397, 39S
(See Bail, Costs, Official Bonds.)

SECURITIES, Chapter 97, 493

Of Auditor and Treasurer, suits
against, 78

732

GENERAL INDEX.

PAGE.

SECURITIES--

On bail bond, 81

On official bond, release of, by

defect, 144

In bail bond, of person indicted, 183
" may surrender principal, 187

Given for gaming purposes, void, 263
On appeal bonds, liabiliy of, 325

Of justices and constables, liabil-
ity of, 332, 333
Of officer failing to file new bond

may brinsr replevin for books, 398
How liable on official bonds, 399

Property of, not to be taken until

tbat of principal is exhausted, 399
Of collectors of the revenue, 441

Of executors and administra-
tors, 542, 553
May compel creditor to bring suit

against principal, 493

Released, ii creditor neglect, 493

Heirs of, have same rights, 493

Of executors, administrators and

guardians, not affected hereby, 494
Having paid, entitled to judgment

against co-securities, 494

Not permitted to oppress princi-
pal, 494
Collateral, when given by princi-
pal, 491
In the nature of bail, remedies of, 494
Judgment against principal in be-
half of, ' 494
Of school commissioners and

teachers, 511

Of executors and administrators,

may release themselves, 553

Of collectors and clerks, 451

How notified to appear when in

default, 451

Judgment against, 451

Of executors and administrators,

liability of, 564

Of lessee of the penitentiary, 583

Of delinquent collectors, release

of, 588

(See Bail, Costs, Official Bonds.)

SEDITIOUS, speeches, punishment for, 389

SEIZIN, livery of, not necessary in con-
veyances, 102

SEIZURE, unwarrantable, security

against, 25

Arid detention of boat, 71

Of books, records, &c, unlawfully
withheld, 432

SELF-DEFENCE, killing in, when jus-
tifiable, 156

SELL, grant, bargain, &c, construction

"" of, ( 105

SELLING, property a second time, 179

By false weights or measures, 179

PAGE.

SELLING—

Negro or mulatto servants out of

State, 180

Goods without license, 341

Town lots unlawfully, 116

Liquor to servants or Indians, 174, 175
Liquor, rfcc, to the disturbance of
worshiping congregations, 177

SEMINARY, lands granted for, 27
Lands, exempt from certain pro-
visions, 104
Of learning, 117
Exempt from taxation, 515
Fund, interest on, fixed, 295

SENATE OF UNITED STATES,

How constituted, 17
Vice President of United States

to be president of, 18

To choose its officers, 18

May try impeachments, 18

SENATE OF ILLINOIS, and House of

Representatives, legislative au-
thority vested in, 30
Membeisof, elective, 30
Lieutenant Governor to be speaker

of, 34

Compensation of members of, 238

Who may administer oaths in trial
belore, 616

SENATORS, U. S., how chosen, how
classed, thtir terms of office;
vacancies, now filled, 17

Qualifications of, 18

To be on oath when trying im-
peachments, 18
Times, manner and place of elec-
tion of, how fixed, 18
Compensation of, 18
Privilege of, 18

SENATORS, STATE, first election of, 31
Classification and official term of, 31
Numbers of, how apportioned, 31, 40
Qualifications of, 31

I SENDING CHALLENGE, punishment

for, 157

Threatening letters, 170

SENTENCE, of death, Governor or court "' ~

may prolong, 181

Suspended by supersedeas, 188

SEPARATE SUMMONS, to different

counties, 94

SEPARATE debts, not merged in joint

action, 318

Property, of widow, 545

SEQUESTRATION, decree enforced by, 94

SERGEANTS, (See Militia.)

GENERAL INDEX.

733

SERVANTS right cf, to personal prop-
erty, 391
To be supported in sickness, 391
Not to be put away if sick, 391
Master liable lor support of, 391
Complaints of, 391
Complaints against, 391
Running away, to work out time, 391
Regulations concerning, 37
Colored, attachment of, 69
Embezzling public money, 161
Carrying away goods of master,

&c, 162

Selling liquor to, 174

Harboring or secreting, 180

Preventing masters from taking, 180

Harboring, receiving, &c, 180

Runaway, how dealt with, 388

When entitled to free papers, 389
Regulations concerning behavior

of, 390
How to be provided for, 390, 391
(See Api>re tices.)

SERVICE, of process after plea in abate-
ment, 44
In actions of account, 46
Of writ ot attachment, 59, 60
Of summons against garnishee, 61, 307
Of ca. sa. on defendant bailed, 83
Of summons in chancery, 94, 200
Of bill, on non-resident defendants, 94
Of summons against counties, 132
Of summons issued by county

courts, 134
Of process issued in behalf of

State, 150, 151
Of process may be made in any

county, 150, 413
Of process against unknown defen-
dants, 93, 201
Of declaration in ejectment, 205, 206
Of summons in forcible entry and

detainer, 257

Of sci. fa. to foreclose, 404, 405
Of summons issued by justice,

317, 327
'■ on joint defendants, 318
Of subpoena by constable, 320
Of supersedeas in appeal, 324
Of writ of certiorari, from justi-
ces, 326
Of notice in suits to enforce lien, 346
Of writ ad quod damnum, 378
On defendants in partition, 400
Of process, 413
Of summons on corporations, 413
Of petition and summons, 418
Of negro or mulatto servant, 180
Contracts for, assignable and des-
cendible, 390

SERVITUDE, involuntary, forbidden, 37

SESSION, of General Assembly, when

held, 32
Of county commissioners' court,

holding of, 133

SET OFF, by garnishees, 62,69

By defendant in attachment, 69

In chancery, when allowed, 93

Allowable before justices, 319
Acquired after suit brought, not

admitted, 319
Pleaded or proved under general

issue, 416

SETTING, fires, with intent to burn, &c,

160, 179
Up spurious title for fraudulent

purposes, 178

Aside verdicts, 417,419

Aside proceedings out of term. 119

SETTLEMENT, of county court with

county treasurer, 138

Of accounts of estates, 556,562

SEVEN, years, possession of land, 104

Congressional districts formed, 101

SEWER, obstructing or polluting, 175

SHERIFFS AND CORONERS, Chap-
ter 99, 513

SHERIFF, punishment for bribing, 166

Refusing to arrest or receive a pris-
oner, 169
Punished for extortion, &c, 170
To keep the peace, 172, 174
Mav command assistance, 176
Duty of, on surrender of principal

by bail, 187

To luniish prisoner with copy of

mittimus, 193

Election, term and qualifications

of, 34, 515

Not eligible to office, if in default, 39
Misprision of, court may correct, 48
Duty as to custody of minors, 53

Fees of, in arbitration cases, 57

When liable for taking insufficient

bond, 65

Suit against, when bond is insuffi-
cient, 65
Rights and remedies of, when sued, 65
May be ruled to return bona in

attachment, 85

Not returning bond, to be liable

in execution, 65

To summon garnishees, 66

May sell perishable property, 68

To feed slaves, &c, and compensa-
tion, 69
Arrest, privilege from, 73
Not to practice as attorney, 73
Not to be special bail, 80
To arrest defendant on affidavit to

hold to bail, 81

Duty of, to take bail, 81

Taking insufficient bail to be liable, 81
May have fuil benefit of such in-
sufficient bond, 82

734

GENERAL INDEX.

SHERIFF—

May commit principal, 82

Commitment to avoid bond, 82

May take new bail, and discharge

from jail, 82

Duty oi, in serving ca. sa. on de-

fei daiU bailed, 83

When to execute decrees in chan-
cery, 98
Deeds of, proof and record, 109, 519
Successor of, may execute deeds

lor him, &c, 109

To serve process of county court, 134
Sued in supreme court, 144

Fined for neglect of duty, 149

To serve process issued in behalf

of the State, 150

Of Samgamon county to attend

supreme court, 151

His return in actions of detinue, 195
Liable for making improper re-
turn, 195
Duty of, to notify judges of elec-
tions, 215
To post up election notices, 215, 216
Vacancy in office of, how filled, 221
Duties respecting escheated lands, 225
His fees, 244, 245
When not entitled to fees, 245
County court may make allowance, 245
To collect and make return of fee

bills, 249

May collect clerk's fees, after end

of his term, 250

To have custody of jail, 298

If jail be unsafe, to employ guards, 298
Duty of, when jail is insufficient, 298
To notify judge of the reception

of prisoners, 298

Punished for refusing to obey writ,

fcc, 298

Fees of, for bringing prisoner to

court, 298

May be imprisoned in jail of his

own county, 299

Selling lands without notice, pun-
ished, • 302
Selling lands on execution, to give

certificate, 302

When to give deed for lands so

sold, , 302, 304

To file duplicate certificate of sale

in recorder's office, 302

Form of deedol, to lands sold on

execution, 304

Duty of, respecting sales of mort-
gaged property, 304
Levying on lands in another coun-
ty, to file a certificate of levy, 305
May take delivery bond for perso-
nal property, 306
Punished 'lor taking property ex-
empt, &c, 306
Not competent to serve on jury, 308
To summon jurors, 308, 309
Punished for failure to summon
jurors, 310

PAGE.

SHERIFF—

Justices have jurisdiction of suits

against, 316

To be i otified of appointment of

constables, 327

May summon constables to attend
. court, 327

Entitled to copy of laws, 338

To serve writs of ad quod dam-
num, 378
Duty as to runaway servants, &c, 388
Judge to examine bond of, 396
Duty of, in conveying convicts to

the penitentiary, 409

Compensation of, for conveying

convicts, 409

Duty of, to serve process, &c, 413

Punished for not returning process,

414,419
To serve petition and summons, 418
Punished for not paying over mo-
ney, 419
To execute process from probate

court, 428

To seize records, &c, unlawfully

withheld, 432

Rights and liabilities on replevin

bonds, 434

To be collector, ex officio, 441

Refusal to act as collector, to va-
cate his office, 441
To assist in sale of forfeited lands, 449
Not to be county treasurer, 451, 516
Duty of, in trials of right of prop-
erty, 474, 475
Power of, to call witnesses, 474, 475
Indemnified by verdict as to right

of property, 476

To notify road supervisors of ap-
pointment, 482
To give supervisors list of road

taxes, 485

Fees of, for road services, 489

Not to collect costs of school

fund, 512

To be commissioned-, when elec-
ted, 514
Term of office, 514
To give bond, 514
To be sworn, 514
Failing to give bond, to vacate of-
fice, 514
To serve process, 515
May call aid in enforcing the law, 515
To keep the peace, &c, 515
To attend courts, 515
May complete duties after going

out of office, 516

To transfer papers, &c, to suc-
cessor, 515
May appoint deputies, 515
Responsible for acts of deputy, 515
Having paid taxes, may collect

them, 515

Not to purchase property sold by

him, 516

If in default, execution may issue

to coroner,

516

GENERAL INDEX.

735

SHERIFF—

When to settle with the county
commissioners' court, 516

When to settle with auditor, 516

Not to be commissioned, if in de-
fault, 516

Office to be vacant, if in default, 516

Neglecting to pay over money
collected, how proceeded a-
gainst, 416, 419

County commissioners' court may
prosecute, if in default, 517

Auditor may prosecute, if in de-
fault, 517

Coroner to perform duties of,
when, &c, 517

Execution of deed by, 519

Who to execute deed, in case of
death of, 519

Death of, not to suspend powers
of deputy, 519

Duty of, in change of venue, 529

To attend sittings of probate court, 564

Fees of, while attending court of
probate, 564

Of Cook county, to attend Cook
county court, 576

Of Jo Daviess county, to attend
Jo Daviess county court, 578

Service of process by, in iorcible
entry, &c, before justices, 582

Of Sangamon county, to attend
supreme court, 151

SHIPS, State not to keep without con-
sent of congress, 6

SHOWS AND JUGGLERS, Chapter

100, 520

Exhibitions of, 112, 520

Not to exhibit without license, 520

Penalty for violation of law, re-
specting, 520

SIDE- WALKS, in towns, how kept, 112

SIGNATURE, of public officer, forging

of, 1 65

Proof cf, before justice, 319

(See Proof, Handwriting.)

SIGNERS, of declaration of independ-
ence, 3
Of articles of confederation, 10
Of State constitution, 41

SIGNING, name of attorney, forgery, 75

Of process, 413

SILVER, counteneiting of, 164

Having counteileit coin in pos-
session, with intent, 164

SINGULAR, includes the plural, 472

SLANDER, Chapter 101,
What words de«med,

521
521

SLAVERY, and involuntary servitude,
not allowed in the N. W. terri-
tory, 15
Forbidden by State constitution, 37

SLAVES, fugitive, to be restored under

ordinance of 1787, 15

Power of congress, as to importa-
tion of, 20
Attachment of, 69
To be fed, compensation of officer

therefor, 69

Harboring or secreting, 180

Hindering or preventing owner

of, from retaking, 180

Receiving or trusting, 180

When negroes to be treated as run-
away, 388

SODOMY, (See Crimes, £c.)

SOLDIERS, not to be quartered in hou-
ses, without owner's consent, 25
(See Militia.)

SOLICITOR, appointed for defendant

refusing to appear, 95

SOLITARY CONFINEMENT, regula-
tion respecting, 168, 182

SOUND MIND, who considered of, 152

SOVEREIGNTY, of State, 5

SPEAKER, of Senate, lieutenant gover-
nor to be, 34

Of Senate and House, their com-
pensation, 238

Of Senate, may administer oaths,
&c , 616

SPECIAL BAIL, who not to be, 80

What to be considered, 82

When required in suits before jus-
tices, 317
Suit against, on failure, 328, 329

SPECIAL CONSTABLES, appoint-
ment of, 192, 218, 327

SPECIAL ELECTIONS fill vacancy in

offices, 221, 314

(See Elections.)

SPECIAL MASTER, in chancery, ap-
pointment of, 99

SPECIAL TERMS, of circuit courts,

148, 149, 311
Of county commissioners' courts,

133, 311
Of Cook and Jo Daviess courts, 575, 577

SPECULATING, in auditor's warrants,

140, 452

:

- *»•**

I

1 ■ ♦ »» • •

\

N

■

»:♦

GENERAL INDEX.

737

STONE how procured for roads, public

>rk, &c, 478

STRA1 (See Estrays.)

STREAMS, obstructing, 175,593

STREE r , and alleys, in towns, 1 12

C ducting, 175

(, ning of, in towns and cities, 479

SUBALTERNS, (See Militia.)

SUBM1 'ON, to arbitrators, 56

SUBOE \.TION, of perjury, punish-

ent of, 166

SUBPC A, issuable to any county, 149, 184
C k to issue, 184, 414

J --ice to issue, form thereof, 320

S ice of, by constable, 320

Each, to contain names of four
witnesses, 320

(See Witnesses, Process, Ser-
vice.)

SUBSCRI !ERS, to canal stock, 601

1 r rights, &c, 601

SUBSCRIBING, witnesses to deed, if
dead, handwriting may beprov-

i, 110

SUBST1 ' JTION, of parties, 44,45,208,597

SUBSTI T UTE, appointed in place of

attorney general, &c, 76

SUCCE .7: SOR, of trustee or public offi-

-. to continue suits, 44

O heriff, may execute deed for

,u, 109,519

O lerk of circuit court, entitled

to papers, 147

O ,ierirf, entitled to papers, &c, 515
O naster in chancery, may com-

ete business, 571

SUFFK- NCY, of bond in detinue, 195,196

SUITS, in behalf of State, auditor to in-

itute, 80

O 'ail bonds, when to be com-
menced, 83
\\ t may not be brought in U. S.

irts, 26

Against bails, 82

In • 'nancery not to abate by death

of parties, 97, 98

Dismissal of, for want of securi-
ty lor costs, 126, 327
Prosecuted in behalf of counties, 132
On bonds of auditor and treasurer, 78
By and against counties, 133
Tried in counties where they orig-
inate, 146

47

SUITS—

Brought in name of State, 149, 150

Stirring up or meddling in, 170

In ejectment, how brought, 205

Attorney, to produce authority for

bringing, 205

To set aside fraudulent devices
not set aside for non-age of de-
fendant, 259, 260
Against heirs or devisees, how

conducted, 260

In which justices of the peace

have jurisdiction, 315

Before justices, by what process

commenced, 317

" " dismissed, if plain-

tiff do not ap-
pear, 318
Against special bail on failure, &c,

328, 329
On official bonds of justices and

constables, 332

To enforce mechanics' lien, 346, 347
Who may be parties to, 347

Limitations of, 348, 349, 350

Assignors, when unnecessary, 385

For freedom, when dismissed, 389

In what counties to be brought, 413
Against corporations, 413

On bonds of collectors of revenue, 441
For taxes in circuit court, 445

Not affected by repeal, 473

In behalf of school townships, 498

Against school trustees, 510

For cutting timber, transferred

from justices to circuit court, 525
Against executors and administra-
tors, 551, 557, 558
Against insolvent estates, 560
On bonds of executors and admin-
istrators, 562, 564
In this State, by executors, &c.,

from others, 596

By non-resident executor, &c, 596, 597
(See Actions, Practice.)

SUMMONS, against garnishee, 60, 61, 66, 307

In chancery, 93
" " how tested, sealed,

signed, dated, 94
When, and in what manner return-
able, 94
How served, 94
In chancery, how served on non-
resident defendants, 84
Against county, how served, 132
To defendants, in petition for as-
signment of dower, 200
In forcible entry and detainer, 257
Issued by justice, form »f, 317
Form of, when defendant is requi-
red to testify, 321
To parties on appeal from justi-
ces' judgments, 323
Against special bail, 328
Against defendants, on appeal in
case of assault, 330

.

■s

GENERAL INDEX.

739

TAX, levied to establish poor houses, 404

For school purposes, how levied, 512

For road purposes, 485

Certificates assignable, 447
County, not to exceed four mills

on the dollar, 600
Levy of, to constitute "Interest

Fund," 600

Receipts, auditor, when to sign, 78

TAXABLE property, lists of, to be made

out by auditor, 438
List of, to be made by assessors,

form of, 439
Owners of, required to give ac-
count of, 439
How assessed, 440
List of, to be furnished collectors, 442

TAXATION, public lands, exempt from

for five years after sale, 27
Bounty lands exempt from, for

three years, 27
Non-resident lands not taxed

higher than resident, 27
To be according to valuation, 39
Of costs in circuit court, 128, 129
Listing of lands for, 336
Property liable to, 436
Property exempt from, 437, 572, 614,615
Brokers liable to, 437
Minimum value of lands for pur-
poses of, 438
List of lands subject to, to be de-
livered to assessor, 438
Listing of non-resident lands for, 440
Of lands omitted, . 440
All lands in cities and towns lia-
ble to, 588
Of canal lands, 590
Of costs, in circuit court, 128, 129
(See Costs.)

TAXES, levied under former laws, to be

collected, 453
Collected on roads, how disposed

of, 486

Authorized for road purposes, 485

May be collected by retired sheriff, 515

Late collectors may still collect, 588'
Payment of, in redemption of

lands, 589

Collection of, on canal lands, 590

On lots in surveyed plats, 606

On canal lands, 590, 611
Duties, &c, power of Congress

to levy and collect, 19, 20

Treasurer of State to receive, 79
Payment of, possession and color

of title, 104
Levying of, in incorporated towns, 112
For road purposes in towns, 112
In incorporated towns, how col-
lected, 113
Raised for enclosing and mana-
ging common fields, 278

TAXES—

For county purposes, to be laid,

438, 440, 599, 600
To be collected on lands omitted

in former assessments, 440

Aggregate of, to be reported to

auditor, 440

Collection of, 442

Lien for, when to attach, 442

Notice left, a sufficient demand

for, 442

Sale of personal property for, 442

Double payments, how corrected, 443
What funds receivable for, 438, 443
Sale of lands for, 444, 445, 446

Entry of suits for, in circuit court, 445
Order of couit, for sale of lands

for, 446

May be paid with costs, &c, after

report, 446

Clerk of county commissioners'

court, to attend sales ot lands for, 446
When required to be paid over, 443, 447
Redemption of lands sold for, 447

Deed of lands sold for, collector

to give, 447

Sale for, good, though in wrong

name, 448

Lands not sold for, to be forfeited

to State, 448

On canal lands, how provided for, 450
All costs to be paid with, 451

Second sale for, to invalidate the

first, 451

Penalty for failing to pay by clerk

and collector, 451

Costs on lands sold for, 453

TEACHERS, (See School Teachers, A-
cademies .)

TEARING down advertisements, 175

TENANCIES, in common, effect of, 104

Joint, effect of, 104

Statutes of, to be evidence} 232
(See Tenant.)

TENANT, by the curtesy, husband's

right to be forfeited, 199

To pay reasonable rent, 333

When to forfeit double rent, 333, 334
When landlord may eject for non-
pay meut, 334
May have judgment reversed, 334
When sued in ejectment to notify

landlord, 334

May redeem property taken for

rent, 335

May replevy property taken for
rent, 335

TENANTS, in common, required to ac-
count, 45

Actions of account, by and a-
gainst, 46

Actions of ejectment by or a-
gainst, 207

740

GENERAL INDEX.

PAGE.

TENANTS—

Eights of, 299

Remedies for injuries to joint es-
tate, 299

TENDER, of amount due, by defen-
dant, 326, 418
Of personal property under note
therefor, 386

TENEMENTS, (See Lands, Construc-
tion, Executors, Conveyances.')

TERMS OF OFFICE, (See Officers,
Elections.)

TERMS OF COURTS, of the supreme

court, 142

In the first circuit, 627

In the second circuit, 627

In the third circuit, 627

In the fourth circuit, 628

In the fifth circuit, 628

In the sixth circuit, 628

In the seventh circuit, 629

In the eighth circuit, 629

In the ninth circuit, 630

In Cook county, 575

In Jo Daviess county, 577
Of county commissioners' courts, 133

Of probate courts, 437

TERMS OF SALE, of property under

decree, 98

Of school lands, 499

TERRITORY, of U. S , Congress may

make rules respecting, 23

(See Construction^ North West
Territory.)

TESTAMENT, (See Wills.)

TESTAMENTARY, (See Letters.)

TESTATOR, to be of sound mind when

executing will, 536

TESTE, of process,

143, 413, 428, 574

TESTIMONY, of non-resident witnesses, 68
To be taken in chancery, 97

Negroes, &c, not to .jive, 154, 237

Approvers not to give, 154

Of publisher of abuse, &c, not to

be used against himself, 172

What criminal! incapable of giv-
ing, 182
Of non-resident witnesses, how

taken, 233, 234

Of resident witnesses, how taken, 234
Proposition of, 236

Parties may give, before justices,

in certain ca?es, 320

Continuance, to procure, 415

Of creditor against estate, 556

THEFT, punishment of, 160

What property the subject of, 160

(See Stealing.)

THREATS, crime committed under, not

punishable, 152

Influencing jurors by, 170

Persons making, liable to arrest, 190

THREATENING LETTERS, punish-
ment for sending or delivering, 170

THREE, per cent, fund, reception and

disposal of, 27,510

TIE, in election of county officers, how

decided, 220,233

(See Elections.)

TIMBER, found adrift, taking up, 230

Procured for public work, &c, 478
Penalties for cutting,

497, 525, 602, 603

TIME, (See Construction.)

TIPPLING HOUSE, keeping open on

the Sabbath, 174

TITLE, to lands, when in question, un-
known parties how proceeded
against, 93

Sale under conflicting, effect of, 103
Sale during adverse possession, ef-
fect of, 104
To land, how perfected after sale^ 104
Contract for, how fulfilled, 109
To lands for use of academies, 117
Setting up false, for fraudulent pur-
poses, 178
Patent is most value as, 233
To lands conveyed by sheriff's

deed, 304

Effect of, respecting limitations of

real actions, 350

Question of, raised, to dismiss suit, 520

TOBACCO, inspection of, 286 to 294

TOLL BRIDGES, county court has ju-
risdiction over, 133
To be kept in repair, &c, 253
Time of attendance, 253
Keepers of, not to be competent ju-
rors, 308

1 OLL, punishment for taking excessive,

179, 254

TOLLS, on the Illinois and Michigan

canal, 612

TOMB, punishment for robbing,

176

GENERAL INDEX.

741

TONGUE, cutting out. punishment for, 158

TOOLS, carrying of, to prisoners, pun-
ishment for, 168
Having, with intent, &c, 176

TORT, execution may issue against the

body for, 301

TOWNS, Division 1, of Chapter 25, 111
How they may become incorpora-
ted, 111
Proceedings in such case's, 111
Corporate name and style, 112*
Corporate seal and rights of, 112
Corporation may be dissolved, 114
Officers may be appointed, their

duties, 113, 114

On dissolution of, fund to be paid

into county treasuy, 115

Survey of plats of, ' 115, 116

Trustees to have jurisdiction of

groceries, 342
Opening streets, &c, in, 479
Not to issue warrants to circu-
late as money, 531
All lands lying in, taxable, 587
Embezzling funds of, 161
Lots, fraudulent contracts concern-

ing, 178

Lots, how assessed, 440

TOWNSHIP FUND, penalties for tres-
pass to school lands to be added
to, 497
To be delivered to township treasu-
rer, 505
When to remain in hands of school

commissioner, 505
How to be loaned, 505
Security to be taken for, 505
To be kept loaned, "06
Interest of, to be paid to teachers, 506
Interest of, when added to princi-
pal, 506
Interest of, when to be naid over, 509
Profits of, &c.; how applied, 511

TOWNSHIP TREASURER, security

to be taken by, 505

His rights, duties, &c, 505

To keep township fund loaned, 506

To keep interest account, 506

To state account, when, 506
Going out of office, effects, how

disposed of, 506

To make abstract of schedules, 508
Shall furnish commissioner with

list of children, 509
To receive interest of commis-
sioner, 509
To pay teachers, 509
To report to trustees, 509
To report abstract of schedules to

trustees, 509

Compensation of, 511

How punished for embezzlement, 51 1

PAGE.

TOWNSHIP TREASURER—

Trustees liable for sufficiency of

securities of, 511

Estate of, how bound, 511

To report vote on school tax to the

county commissioners' clerk, 512
School tax to be paid over to, 512

May dispose of depreciated funds, 512
Penalty for trespass on school

lands payable to.
How appointed,
To snpprintendant of schools in

township,
To receive moneys of trustees,
His official term,
May be removed for misconduct,
To give bond, its conditions,
To receive township funds, &c,

of school commissioner,
To provide books,
How he shall keep his books,
May loan township funds,
(See School Fund.)

TRACT, (See Lands, Sale, Taxes.)

TRADE, rights and restrictions of, un-
der confederation, 5
Offensive, penalty for carrying on, 175

497
504

504
504
504
505
505

505

505
505
505

TRADING, with negroes, &c,

390

TRANSCRIPT, of deed, when compe-
tent evidence, 108

Of decision of county court, to be
filed on appeal, 135

Of judgment to be filed in circuit
court, 323, 324

Of judgment to be filed in supreme
court on appeal, 420

Of proceedings of probate justice,

427, 428, 585, 586

TRANSFER, of property, prevented by

bill in chancery, 97

TRANSPORTATION, of convicts, 39

(See Penitentiary, Sheriff, Convicts.)

TREASON, misprision of, 154
Punishment of misprision of, 154
How proved, 154
What constitutes, 23, 154
What proof necessary to convic-
tion of, 23
Not bailable, 191
Congress may declare its punish-
ment, 23
Circuit courts may try, 146

TREASURER, of academy, (See Acad-
emics.)
Of county, (See County Treasur-
er.)

TREASURER OF STATE, how elect- __

ed, his official term, 35,77

On election, shall file bond, its con-
ditions, 77

GENERAL INDEX.

743

TRIAL—

May be by the court, 414

By jury in probate court, 429

Irregularities waved after, 530

TROVER, action of, allowable, for in-
jury to joint estate, 299
Justices have jurisdiction in ac-
tions of, 316
Bail may be required in actions of, 328
Execution in action of may be

against body, 328
Limitations of actions for, 348
Actions of, may survive to and a-
gainst executors and adminis-
trators, 563

TRUST, property, discovery of, by bill

in chancery, 97

Deeds of trust, for charitable uses, 100

Property, how sold, 100

Construction and effect of, 103

Perfected title to operate as, 104

Property, not to be perverted, 118
Breach of, by apprentice, clerk or

servant, 162

Deed of, to canal property, 600

Created for wife, in lieu of dower, 199

When void, if not in writing-, 259

TRUSTEES, rights of, as to tenancies, 104
Of academies, 117, 119
Of incorporated towns, 111, 112, 113
Of academies, certificate of elec-
tion, to be recorded, 117
Of academies, may convey real es-
tate, 118
Of academies, vacancies, how fil-
led, 118
Of religious societies, 120
Of library associations, 122, 123, 124
Certificate of election of trustees

of library, filed, &c, 122
Of canal — their duties and powers,

601,608 to 613

TRUSTING, minor, apprentice, &c, 180
(See Negroes, Sfc.~)

TRUTH, may be given in evidence in

prosecution for libel, 172

TURNPIKES, county courts have juris-
diction over, 133
Embezzling funds of, 161
Sundry provisions concerning,

253 to 256

Keepers of, not competent jurors, 308

TWELVE per cent., per annum, 105

TWO justices, required in certaim ex-

u.

UMPIRE, (See Arbitrations.)
UNIFORM, of militia,
UNION, to be perpetual,

372
9

UNITED STATES, shall guaranty to

States republican government, 23
President and vice president of,

how chosen, 21,26,214

Statutes of, evidence,
Claims to lands of, how settled, 336
What included in, 472

Authorized to acquire land for
armory, 607

UNKNOWN, persons in interest, how

made parties, 98,201

Defendants, publications respect-
ing, 98, 201
Effect of decree against, 98, 201
Rights of, after decree, 98, 201
(See Advertisements, Parties,
Defendant, Notice, Service. )

UNLAWFUL, bank notes, (See Bank
Notes. )

Assemblage,

Act, separation without doing,

Intimacy, proof of adultery — for-
nication,

Assemblies of slaves, &c, forbid-
den,

UNMARRIED, woman, complaint by,
when pregnant,
Person, marrying husband or wife
of another,

UNOCCUPIED, land,

UNORGANIZED COUNTY, census of,
how taken,

(See Counties )

UNWHOLESOME PROVISIONS, sel-
ling of,

UNWRITTEN contracts, void after one
year,

USE AND OCCUPATION, judgment
as for,

USING ESTRAYS, forbidden,

USEFUL ANIMALS, injuries to,

171

171

173

359

85
173
104

89

175
258

210

22S
179

animations,

1S1

TWO thirds, of members, may expel, 18

K law, not repealed, 47

USES AND TRUSTS, provision con-
cerning, 101, 103

USURPATION, into offices, remedy for, 429

744

GENERAL INDEX.

34

77

118
121

131
398

398

429

USURY, provisions concerning,
UTTERING, forged paper,

Y.

VACANCY, in office of representative

in congress, how filled, 17

In office of senator in congress, 17

In genera] assembly, how filled, 31,221
When to be filled by Governor, 33

In office of Lieutenant Governor,

how filled,
In office of attorney general and

circuit attorneys, how filled,
In offices of auditor and treasurer,

how vacated and filled,
In trustees of academies, how fil-
led,
In offices of religious societies,
In office of county commissioners,

how filled,
Created by embezzlement,
In office, on refusal to give new

bond, 397,

In office of probate justice,
In office of county treasurer, how

made and filled, 140, 438

In office of sheriff, 441, 516, 517

In office of collector, how filled, 448
In office of county commissioners,

cleric, 131, 450

In office of road supervisor, 482

In office of school commissioner, 498
In office of sheriff, how created

and filled,
In office of coroner, how created

and filled,
In office of master in chancery,
In office of justice of the supreme

court, 143, 146

Created in offices by removals,

how filled,
In office of presidential elector,

how filled,
In office of judge of election, how

filled, 215, 216

In office of Governor, how filled, 221
In offices of justices and consta-
bles, how filled, 314,315
In militia offices, 359
In office of notary public, how fil-
led, 392

VACANT, and unoccupied lands, 104

Rooms in court houses, to be leas-
ed, 135
County offices to be, on removal
of incumbent, 395

VACATION, of decree, 95

Special term of circuit court may
be held in, .. 149

PAGE.

VACATION—

PAGE.

295

Of judgments,

208

Of roads,

2 to 489

163

(See Judgments.)

514

514
571

170

215

VAGRANTS, provisions respecting.

175

VALUATION, of school lands, 199, 500

Of estates by appraisers, 554

To be the measure of taxat 39

Minimum of lands for taxai , 438

(See Appraisement , Land-> 's-

tate, Properly.)

VARIANCE, when not to affect vc Ret

49, 50

VENDEE, holding under imperfect e, 104

VENDOR, (See Sales, Purchases, Es-
tates, Conveyances.)

VENDUE, property taken in execution

to be sold by, 302

(See Auction, Sale, Propei

VENDITIONI EXPONAS, (See Execu-
tion, Writs, Process.)

VENIRE, de novo, 149

Not necessary, in criminal c : ?, 184
For jury before justice, 321

VENUE, Chapter 105, 527

Changed, if judge he intert. :, 148

Change of, before justices, 322

When change of, awarded i ir-

cuit court, 527
Change of, in appeals froi ..

sessments,

527

Defendant indicted, entitled

0,

528

Not to be granted, after one

erm,

528

When granted after one teri.j

528

All parties must join in

il

causes,

528

Part may apply in criminal c

e,

528

Where changed to,

529

Granted in vacation

529

Granted in term time,

529

Costs attending change of,

529

Witnesses recognized to a

r,

&c,

529

On conviction, prisoner to !

-

turned to his county,

529

Questions concerning, waive

-

ter verdict,

530

VERDICT, setting aside,

49, 50

For defendant, who is bail,

83

Costs to follow,

127

Agreement respecting, in tri ■

f

misdemeanors,

186

May be sealed and deliver*

d to

clerk,

186

Against joint defendants in i

t-

ment,

207

GENERAL INDEX.

745

VERDICT—

Different forms of, in ejectment,

207, 208
In forcible entry and detainer, 257
When not to be against non-resi-
dent defendants, 413
When for defendant, 416
How pronounced and entered, 417
Proceedings to set aside, 417
In trial of right of property, 475, 476
Of coroner's jury, 518
Irregularities waived after, 530

VESSELS, attachment of, 71
Injuries to, cutting loose, punish-
ment of, 171
Taking up when adrift, 230

VETO, of hills by President,

How bill may pass notwithstand-

19

19

VICE-PRESIDENT of U. S., to be

President ot Senate, 18
To have no vote except senate be

equally divided, 18

His official term to be four years, 21
In what manner elected, 21,26
To perform duties of president in

case of removal, 21
In case of his death, &c, also, how

office of President filled, 21

Qualifications of, 26

Electors of, how chosen, 214

VIEWERS, of roads, 482 to 489

Of cart roads, 484

Of roads, to be sworn, 487

Compensation of, 488

VOLUNTARY ESCAPE, officer, how

punished for, 169

VOLUNTEER COMPANIES, provis-
ions concerning, 377, 378

VOTE, penalty for rejecting, 221

Penalty for receiving illegal, 222

Stockholders in academies, 119
In managing affairs of religious

societies, 120

In library associations, 122

Who entitled to, 217

Of elector, when received on oath, 217

Of elector, when rejected, 217, 222
Of two-thirds, when required in

elections, 224

VOTERS, qualifications of, 33, 40, 111

Privileges of, 33
Influencing improperly, penalty

for, 177

How punished for false swearing, 217

VOTES, how to be given, 33
For electors, how returned and

counted, 213

VOTES-

At general elections, canvass and
return of, 218

Canvass of, in counties voting to-
gether, 219

Return of to the secretary of State, 220
(See Elections.)

VOTING, by States, manner of in con-
gress, under confederation, 5
Manner of in town elections, 1 1 1
More than'once, penalty for, 177
What criminals incapable of, 182
For presidential election, when

and where, 214
How conducted, at general elec-
tions, 217
More than once, 217
Unlawfully, penalty for, 217
In elections by general assembly,
to be viva voce, 224

w

WABASH, river, jurisdiction of coun-
ties over, 133

WAGERS, (See Betting.)

WAGES, of mariners, &c, preference

given to, 71, 72

WAGONS, punishment for injuring, 179

Injuries, by collision of, 480

WANT OF FORM, (See Form, Plead-
ing. Amendments, &c.)

WAR, States not to engage in, unless

invaded, 6

Power of congress to engage in,
defined, 8, 19

WARD, may, if over fourteen, choose

guardian, 265

Estate of, how managed, 265, 266

Education of, 266

Real estate of, may be sold, 267

(See Guardian, Ward, Minor.)

WARDEN, of penitentiary, setting pris-
oner at liberty, 168
Appointment of, 406, 583
Duties and powers, 406, 583
Salary of, 406
To make monthly report, 406
To give bond, 407, 583
To receive prisoners, 409
i\ot to suffer prisoners to leave

prison yard, 410

General duty respecting custody

of convicts, 410

How punished for violation of
duty, 410

746

GENERAL INDEX.

WARDEN—

S. A. Buckmaster to be,
Warden's house, &c.B

583
584

WAREHOUSES, Chapter 106, 530

To be kept for inspection, 287, 288
Property left in and unreclaimed,
to be sold, 530

WARRANT OF ATTORNEY, (See

Attorney , Power of Attorney.')

WARRANT, not to issue but upon oath, 25
In criminal case, may issue to any

person, 192

May be executed in another coun-
ty, 192
For arrest of offender need not be

sealed, 192

Not to be quashed for want of

form, 192

For fugitives from justice, 261

Justice may issue in assaults, &c, 329

WARRANTS, auditor to issue, 78

Auditor to keep record of, 78

Auditor shall personally sign, 78

To be countersigned by treasurer, 78
Record of, to be kept by treasu-
rer, 78
To be deposited with auditor. 79
To be cancelled before depositing,

79, 569
Duplicate, when to be issued, 79, 80
When negotiable, security requi-
red, if lost, 80
Against father of bastard, 85
County courts may issue, 133
Embezzling of, 138
Auditor's receivable by collectors, 140
Collectors forbidden to speculate

in, 140, 141

For offenders, to be issued on

oath, &c, 190, 192

To search for stolen goods, 192, 193
Of commitment, names of witnes-
ses to be written on, 193
Prisoner entitled to copy of war-
rant, 193
When justice to issue, in first in •

stance, 317, 328

To seize records, &c, withheld,

432, 433
Of appraisement of estates, 554

Of distress, against delinquent
owner of fences, for cost of re-
pairing, 280

WARRANTS OF CITIES AND TOWNS,

Chapter 107, 531

To be issued for whole amount
due, 531

To be drawn in favor of actual
creditor, 531

Not to be paid in certain cases, un-
less indorsed, 531

Punishment for issuing, contrary
to law, 53

WARRANTY, (See Security.)

WASTE, widow not to commit, 202

Court may issue precept to stay, 213

Widow committing, liable for, 545

Second husband liable for, 545

WATER COURSES, polluting or ob-
structing, 175
Building mills, &c, on, 378

WATER CRAFT, liable for debt, &c, 71
Taking up, when adrift, 230
Taken up, to be appraised, 230
Taken up, to be advertised, 231
To be sold, proceeds, how appro-
priated, 231
Fees, &.c, on sale of, 231

WATER POWER, (See Mills, Canal,
&c.)

WAY, right of, 477

WEAPONS, carrying to prisoners, 168

Carrying or having in possession,
with intent, &c, 176

WEARING APPAREL, apprentice en-
titled to, 53
Of every person exempt from
execution, &c, 306

WEIGHER, (See Inspections, Weights, &c.)

WEIGHTS AND MEASURES, Chap-
ter 108, 532
To be one standard of, 532
To conform to regulations of Con-
gress, 532
Congress to fix standard of, 8, 19
Penalty for selling by false, -179, 533
State sealer to procure standard of, 532
To send copies to county sealers

of, 532, 533

Standards of, to be tried and mar-
ked, 533
Secretary of State to be State
sealer, 533

WELLS, in towns, 112

WHARF, (See Steamboats, Ferries, &c.)

WHIPPING in the penitentiary forbid-
den, except, &c, 410
Of apprentices,servants,&c, 53, 389, 390

WIDOW, right of dower of, defined, 198,199
Of an alien entitled to dower, 198

Entitled to dower of surplus, af-
ter mortgage sale, 198
May elect between jointure and

dower, 199

May renounce provisions of will,

and take dower, 199

Having been divorced for fault of
husband, entitled to dower, 199

GENERAL INDEX.

747

PAGE.

WIDOW—

But not, if marriage was void, ab

initio, 199

If divorce be for her fault, dower

forfeited, 199

Without children, &c, to have one

half of estate in lieu of dower, 200
Must elect, in case dower has been

assigned, 200

Her rights of dower in lands ex-
changed, 200
May have assignment of dower, 200
If not made, may bring suit, 200
To have dwelling house of hus-
band, 202
Lands set off, vested in her for life, 202
When lands vest in her forever, 202
Claims of, in different counties,

how recovered, 202

When to have possession of her

dower, 202

May occupy dwelling until dower

is assigned, 202

May recover damages for delay, 202
May have yearly value assessed, 202
Not to commit waste, 202, 545

Disposition of estate, on death of, 203
Conveying estate as executrix, &c,
not to release right of dower
thereby, unless, &c, 203

May recover dower by action of

ejectment, 205

When entitled to administration

of will, 541

Renouncing benefit of will, 545

Share of, in estate of husband, 546
Separate property of, 546, 597, 598
May relinquish specific articles,

and take others or money, 546, 598
Right to separate property when not

affected, 546, 555, 598

To»have preference of administra-
tion, 547
May elect, &c, when estate is

found to be solvent, 555

Property of, withheld one year in
certain cases, 598

WIFE, execution of conveyance by, 106, 107
Manner of acknowledgment by,

106, 107
Committing offence by compul-
sion, 152
Alimony and maintainance of, ar-

ter divorce, 197

Conveyances to, in lieu of dower, 199
Divorced for fault of husband, to

retain right of dower, 199

Divorced for her own fault, to lose
. right of dower, 199

Guilty of adultery, to forfeit dow-
er, 200
Recovers right of dower if hus-
band is reconciled to her, 200
Not to be affected by act of hus-
band, without her assent, 200
Assent of, how legally manifested, 200
(See Conveyances, Bower, Widow.)

WILFULLY, swearing false, 166

WILLS, Chapter, 109, 534

And devises, in N. W. Territory, 11
When to bar dower, 199

Set aside if fraudulent, 259

Father or mother may bind child

by, 268

Not embraced in chapter concern-
ing conveyances, 110
When, and as to whom deemed

fraudulent, 259

Probate justice may take probate

of, 427

Who competent to make, 536

What estate may be conveyed by, 536
To be in writing, 536

How to be proved, when in wri-
ting, 536, 545
Fraud or compulsion may invali-
date, 536
To be recorded by probate justice,

536, 540
Effect of, after proper execution,

536, 537
Duty of witnesses to, 537

Attendance of witnesses to, how

compelled, 537

Non-resident witness to, how ex-
amined, 537
If probate justice be a witness,

how proved, 537

Clerk of circuit court, his duty in

such case, 537

Duty of probate justice on presen-
tation of, 537
May be contested,
Validity of, may be tried by a ju-

ry*

538

Hand- writing of witness to, when

may be proved, 538

Nuncupative, how proved, 538

When to be put in writing, 538

When letters shall be granted on, 538
Nuncupative, heirs to be notified

of granting of letters on, 539

Effect of witness being legatee in, 539
Debtor becoming executor, not re-
leased, 539
Effect of, as to posthumous chil-

How revoked, 539, 540

Not revoked by words, unless pro-
ved, &c, 540
Copies of, to be evidence, 540
In what county shall be pro-
ved, 540
Person having possession of, to de-
liver up, 540
Penalty for improperly withhold-
ing, 540
Executor to have letters on, 540
If no executor be named, admin-
istration to be granted, 540
Copies of, to go out with letters, 540
Executor of, his duty, 540

748

GENERAL INDEX.

545

552

552

556
549

551

552

WILLS—

Executor of, punished for neglect-
ing probate of, 540

If executor refuse, administration
granted, 541

Executor of executor, cannot act, 541

Custody of estate, before probate
of, ' 541

Surviving executor of, may act, 541

Oath of executor of, 541

Executors and administrators of,
to give bond, 541

Payment of legacies when direct-
ed by, 542

If executor of, be minor, &c, what
to be done, 542

How executed in case of division
of county, 542

If probate of, be delayed, estate
how preserved, 543

Distribution of estate not bequeath-
ed by, 545

In what case creditor may witness, 545

Legacies, how affected by widow
renouncing benefit of,

Production of, to vacate letters of
administration,

If set aside, administration de bonis
non granted,

Letters testamentary on, may be
repealed,

Power granted by, to sell real es-
tate,

Form of letters to executors of,

To repeal letters of administra-
tion,

When set aside, administration to
be granted,

Executor of, removing from State, 552

If probate of, be refused, appeal
may be taken, 596

From other States, how authenti-
cated, 597

WITNESS, person accused not to be,
against himself,
Before auditors in matters of ac-
count,
Before arbitrators, how compel-
led to attend,
Taking deposition of, in attach-
ment cases,
Mother of bastard child, may be,
To execution of deed,
To deed, his signature how prov-

ved, if dead,
Citizen may be, in suit for or a-

gainst county,
In criminal cases, 153, 154

Negroes, mulattoes, Indians, not

to be, 154, 237

Approvers not to be, 154

To prove forged bank bills, 165

What criminals not to be, 182

Refusing to obey subpcena, 184, 193
Prosecutor may be, though liable
for costs, 185

PAGE.

WITNESS—

Non-resident, testimony of, how

taken, 233, 322, 580

Debtor may be, to prove usury, 295
If unable to attend before justice,

deposition may be taken, 319

Defendant in execution not to be,

in trials of right of property, 476
To wills, duty of, 537

Non-resident, to wills how taken, 537
Punished for non-attendance. 537

When probate justice becomes,

how will to be proved, 537

To will, dying or removing, 538

To nuncupative will, testimony

of, 538, 539

To will, how affected by being

legatee, 539

Revoking of will, 539, 540

In what cases claimant against

estate to be, 561

25

46

56

68

85

107

110

132

WITNESSES, court may require produc-
tion of,
Costs allowed for four, only,
List of, to be furnished prisoner,
To be examined on plea of

"guilty,"
Examination of, before grand

jury,
In criminal cases, to be recogni-
zed to appear,
Names of, to be written on war-
rant of commitment,
To be subpoenaed on habeas corpus,
Hearing of, in divorce cases,
Before commissioners to value

improvements,
Before justices in election con-
tests,
Punished for non-attendance,
May be attached, 56», 184, 223

Before officer taking depositions, 235
Fees of, 247, 320

In habeas corpus, to be recogniz-

zed to appear,
May be taken out of jail by habeas

corpus, to testify,
Before probate justice in insolvent

cases,
In justice's court, to be sworn,
Four included in one subpcena,
Before justices, punishable for

contempts,
Justice to post up list of fees of,
Name of, in trials for assaults, to
be sent to circuit court on ap-
peal,
Informers may be,
At court martial, pay of,
Absence of, cause for continuance.
Sheriff may subpcena, in trying

right of property,
Coroner may summon,
May recognize to appear,

95
127
185

185

186

191

193
193
197

212

223
223

271

274

283
319
320

312

326

330
344
372
415

474
518
518

WRIT

witr

(See Evidence, Testimony, Proof.)

GENERAL INDEX.

749

WOLVES, Chapter 110, 566

County commissioners may give
bounty for scalps of, 566, 599

WOOD, destroying, maliciously, 179

For use of General Assembly and
public offices, 491

WOOD YARDS, protection of, against

officers of steamboats, 606

WOODS, setting fire to, 179

WORDS, what deemed actionable', 521

WORK HOUSES, (See Poor Houses.)

WORSHIP, (See Religious, &c.)

WOUNDING, in duel, punishment for, 157

WRITER of libel, how punished, 172

WRITING, apprentice to be instructed

in, 53

Destroying, burning, <fcc, 162

Forging, altering, &£., of, 163

Having in possession or passing,

&c, 164

Agreements to be in, or void afttr

one year, 258

Production of on trial, 415

Denial of execution of, to be

sworn to, 415

Wills, &c, to be in, 536

I.uncupative wills, when commit-
ted to, 538

WRIT of ad quod dajnnum,

378

WRIT OF ATTACHMENT, before

justices, form of, 58

How served, 59

May be amended, 59

In circuit court, 63
Return of, 64, 70

May be issued to another county, 70

Against boats and vessels, 71

What property exempt from, 306
(See Attachments.)

WRIT OF ELECTION, to fill vacan-
cies in General Assembly, 221
(See Election.)

WRIT of ne exeat, habca* corpus, and in-
junction, wh» may issue,

99, 146, 269, 381, 382
Penalty for refining to isiue, 273

WRIT OF ERROR, in actions of ac-
count, 46, 51
From awards, 57

WRIT OF ERROR—

In attachments, allowed,
To supreme court, costs on,
Motion for, in criminal cases,
Allowed in criminal cases.

69
128
181

188

Proceedings necessary to procure,

188,418,419,420

Considered a writ of right. 188

Party obtaining may be bailed^ 188

Costs on affirmance of, 189

Justices and constables may have, 333

In mandamus cases, 351

From circuit to supreme court, 420

One defendant may have, 420

Limitation, as to, 421

When to operate as a supersedeas, 421

In cases arising on informations, 430

WRIT OF INQUIRY, to assess value

of improvements, 210

To assess damages on penal bond, 416

WRIT OF POSSESSION, in ejectment,

form of, 208

Against tenant holding over, 334

WRIT OF RIGHT, ejectment brought

instead of, 205

WRIT OF CERTIORARI, who may

issue, 325, 571

May be taken in license cases, 344

WRITS AND PROCESS, to serve in

name of the people, 36
In towns, constable may execute, 114
( -'ounty courts may issue, 133
County courts may compel obe-
dience to, 134
In behalf of State, how issued, &c, 15
In criminal cases, 183, 184
To other rounties, 413
Who to serve, 413
When coroner, 515
In hands of retiring sheriff, how
disposed of, 515

Y.

YARD, (See Weight* and Meaturet.)

YEAR, (See Construction.)

YEARLY VALUE, of widow's dower, 202
Of lands, when to be paid, 333

(See jtsscttment, Assignment.)

YEAS AND NAYS, when to be enter-
ed »n the journals, 18, 31

WW®'